HomeMy WebLinkAbout1999-02-11; Housing Commission; Minutes-.
Minutes of: Housing Commission
Time of Meeting: 6:OO P.M.
Date of Meeting: February 11,1999
Place of Meeting: City Council Chambers
CALL TO ORDER:
Vice Chairperson Walker called the Regular Meeting to order at 6:20 p.m.
PLEDGE OF ALLEGIANCE:
Commissioner Scarpelli led the pledge of allegiance.
ROLL CALL:
Present:
Absent: Commissioner Calverley
Vice Chairperson Walker, Commissioners Escobedo, Latas, Noble, Rose, and Scarpelli
Staff Present: Debbie Fountain, Housing and Redevelopment Director
Craig Ruiz, Management Analyst
APPROVAL OF MINUTES:
ACTION: Motion by Commissioner Latas, and duly seconded, to approve the Minutes of the Regular
Meeting of December 10, 1998, as submitted.
Escobedo, Latas, Noble, Rose, Scarpelli, Walker VOTE: 6-0-0
AYES:
NOES: None
ABSTAIN: None
COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA:
There were no comments from the audience.
NEW BUSINESS:
1. SDP 98-01/CDP 98-04/CUP 98-01 - LA COSTA GLEN - APPLICATION TO PURCHASE 30.2
AFFORDABLE HOUSING CREDITS IN THE VILLA LOMA HOUSING PROJECT IN ORDER TO
SATISFY THE AFFORDABLE HOUSING OBLIGATION OF THE LA COSTA GLEN PROJECT UNDER
THE CITY’S INCLUSIONARY HOUSING ORDINANCE.
Craig Ruiz reviewed the background of the request as stated in the Housing Commission Report. He explained the
uniqueness of the project and stated there is no transfer of property with this project.
Vice Chairperson Walker opened the item for discussion among the Commission members.
Commissioner Scarpelli commented that this is not a small project and wondered if an off-site project was considered.
Mr. Ruiz responded that the applicant did not pursue other alternatives because of the uniqueness of this project.
Vice Chairperson Walker invited the applicant to speak.
Richard (Rick) D. Aschenbrenner, CEO, Continuing Life Communities, 7707 El Camino Real, Carlsbad, CA 92009,
addressed the Commission and stated that this project is not considered to be “normal” housing. He said that most
cities do not apply affordable housing restrictions on this type of project. He added that the applicant is not in the
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Housing Commission Minutes
February 11, 1999
Page 2
housing business; rather, they create continuing care facilities. He also said the applicant hopes to build the best
facility in the world
Mr. Aschenbrenner said that the project is built for the elderly and that the homes are similar to patio homes. He added
that the applicant is required to provide full kitchens even though the kitchens are not used much. He said that the
facility is required to provide food service.
Another feature of the project is that if one spouse gets ill, that spouse will not be separated from the other spouse,
which is the case in some communities.
Mr. Aschenbrenner said that much of what the residents buy are services--not housing--which is difficult for Staff to
measure. He added that there would be low-income residents in this facility.
Commissioner Scarpelli asked if the applicant looked at alternatives, such as affordable housing subsidy, instead of
using affordable housing credits.
Ms. Fountain responded that Staff had a difficult time corning up with alternatives for this project. She added that Staff
first considered 60 affordable housing credits before compromising on 30.2 credits, based on the number of villas and
apartments. She said that this project does not qualify for affordable housing subsidy and it would be impractical to
require the applicant to build off-site because they are not in the housing business.
Commissioner Rose asked how this project compares to the Lutheran Home, Carlsbad by the Sea.
Mr. Aschenbrenner responded that the projects are similar, but the Lutheran Home is more high-end. He said that this
project is more complete in that it includes health care and other amenities and the entry fee is partially refundable. He
added that the Lutheran Home did not have an affordable housing requirement.
Commissioner Escobedo asked about the age requirements.
Mr. Aschenbrenner responded that the minimum age is 60 and the practical age is 62. He added that the average age of
the residents in the Fullerton facility is 84.
Commissioner Scarpelli asked Staff why the Lutheran Home did not fall under the Inclusionary Housing requirements.
Ms. Fountain responded that the Planning Department determined the remodeling or reconstruction of the Lutheran
Home to be replacement units, and replacement units have no affordable housing requirements.
Vice Chairperson Walker opened the public testimony and issued the invitation to speak.
There being no other persons desiring to address the Commission on this topic, Vice Chairperson Walker declared the
public testimony closed and opened the item for discussion among the Commission members.
ACTION: Motion by Commissioner Scarpelli, and duly seconded, to adopt Resolution No. 99-001,
RECOMMENDING that the City Council APPROVE a request by Continuing Life
Communities LLC, to purchase 30.2 Affordable Housing Credits in the Villa Loma housing
project in order to satisfy the affordable housing obligation of the La Costa Glen project
under the City’s Inclusionary Housing Ordinance.
Escobedo, Latas, Noble, Rose, Scarpelli, Walker
VOTE: 6-0-0
AYES:
NOES: None
ABSTAIN: None
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Housing Commission Minutes
February 11,1999
Page 3
ANNOUNCEMENTS:
Ms. Fountain discussed the new role of the Housing Commission as outlined by the City Council.
The February 1999 meeting was the last meeting for both Kathleen Walker (she resigned) and Bailey Noble (Housing
Commission reorganization).
Ms. Fountain stated that Laurel Tree is under construction, that Rancho Carrillo has closed escrow, and that the Cherry
Tree is moving along.
There was some discussion about the lack of apartments in the City and the high rents being asked for apartments.
Ms. Fountain said that Kelly Ranch would include 495 apartments.
There was discussion about what will happen when the Villa Lorna credits are used up.
Commissioners Noble and Walker thanked the Staff and the Commission for their efforts while they have been part of
the Housing Commission.
ADJOURNMENT:
By proper motion, the Regular meeting of February 11,1999 was adjourned at 7: 15 p.m.
Respectfully submitted, n
DEBBIE FOUNTAIN
Housing and Redevelopment Director
KATHY VAN PELT
Minutes Clerk
MINUTES ARE ALSO TAPED AND KEPT ON FILE UNTIL THE WRITTEN MINUTES ARE APPROVED.
The City of Cax?lsbad Eousing & Redeuelopment Department
A-PORT TO THE
HOUSING GO-XSSXON
DATE: FEBRUARY 11,1999
SUBJECT: . SDP 98-01/CDP 98-04/CT.JP 98-01- LA COSTA GLEN. - APPLICATION
TO PURCHASE 30.2 AFFORDABLE HOUSING CREDITS IN THE
VILLA LOMA HOUSING PROJECT
I. RECOMMENDATION
That the Housing Commission ADOPT Resolution No. 99-001, RECOMMENDING that the City
Council APPROVE a request by Continuing Life Communities LLC., to purchase 30.2 Affordable
Housing Credits in the Villa Loma housing project in order to satisfy the affordable housing obligation
of the La Costa Glen project under the City’s Inclusionary Housing Ordinance.
II. BACKGROUND
La Costa Glen is a proposal to construct a continuing care retirement community for people 60 years of
age and older. The project is proposed for a vacant 55 acre site located on the west side of El Camino
Real between La Costa Avenue and Leucadia Boulevard (see Exhibit 4). The proposed project will
consist of: a health center with approximately 72-79 skilled nursing care beds and 71 assisted living
suites; three buildings with a total of 229 apartment units, 33 personal care suites, and 2 guest rooms; 95
twidtownhomes; 76 detached single-family homes; a recreation building; a maintenance building; and a recreational vehicle storage area.
Continuing care retirement communities (CCRC) are regulated under the Health and Safety Code by the
State of California Department of Social Services, and licensed and certified by the State Department of
Health Services. A CCRC is considered an alternative for the long-term residential, social and health care needs of California’s elderly residents, and a way to provide a continuum of care, to minimize
transfer trauma, and to allow for the provision of social and health care services in an appropriately licensed setting.
Due to the uniqueness of the project, it was difficult to determine how to apply the requirements of the
City’s Inclusionary Housing Ordinance. To assist in this decision, staff consulted with the State Housing
and Community Development Division (HCD) about whether or not the project’s residences should be
considered “housing units” or “group quarter/commercial living units”. HCD stated that the independent
living units (229 apartment units, 95 twidtownhomes and 76 detached single-family homes) are
considered “housing units” per the census definition and they can be reported towards meeting the City’s
regional share housing needs.
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SDP 98-01/CDP 98-04/Cl.JP 98-01 - LA COSTA GLEN
FEBRUARY 1 1, 1999
PAGE 2
Because a portion of the total project will be reported as part the City’s regional share housing totals,
staff believes that the project has an obligation to provide some public benefit to assist the City in
providing housing affordable to lower income residents. In determining the project’s inclusionary
housing obligation, staff and the developer agreed that the apartment units, which contain common
dining and nursing services, and the health care center meet the Carlsbad Municipal Code definition of a
professional care facility (see Exhibit 5). Therefore, in staffs opinion, the apartment units are not
subject to the City’s Inclusionary Housing Ordinance. It was also agreed that the 95 twidtownhomes
and 76 detached single-family homes qualify as “residential housing units” and will require the
developer to provide 30.2 housing units as required by the City’s Inclusionary Housing Ordinance.
It is the applicant’s position that it would be very difficult to provide affordable housing units on-site.
Therefore, the applicant is requesting to purchase Affordable Housing Credits (“credits”) in the Villa
Loma project in lieu of on-site construction. The City’s Inclusionary Housing Ordinance permits off-site
satisfaction of an inclusionary requirement through participation in a Combined Inclusionary Housing
Project (“Combined Project”) if the City Council determines that it is in the public interest. Purchase of
credits in the Villa Loma project constitutes participation in a Combined Project. There are 126 credits
currently available for purchase.
Policies Repardinp Off-Site Proiects and Purchase of Affordable Housinp Credits
The City Council has adopted two policies which deal with off-site or Combined Projects and the sale of
Affordable Housing Credits. Council Policy 57 was developed to establish the criteria to be utilized in
order to make the necessary finding that off-site satisfaction of an inclusionary housing requirement, when proposed through a Combined Project, is in the public interest. Council Policy 58 was established
to determine the price of credits and the mechanism to satisfy a developers obligation under the City’s
Inclusionary Housing Ordinance.
III. DISCUSSION
The Council Policies require staff to evaluate the request for off-site satisfaction of the inclusionary
housing obligation and the purchase of credits based upon three primary criteria. The criteria includes:
1) feasibility of on-site proposal; 2) relative advantageddisadvantages of an off-site proposal; and 3) the
advancement of housing goals and strategies. The following is a summary of staffs analysis of the criteria for the project.
Feasibility of On-site ProDosal
0 Continuing care facilities involve highly complex financing, regulatory and licensing
requirements which are unlike those found in the development of typical multi-family residential housing. In addition, the project requires high entrance fees, which range from
approximately $200,000 to $400,000, and high monthly fees starting at $1,200. The combination of these factors make the incorporation of affordable housing into the project
highly infeasible.
Relative Advantaces/Disadvantaces of an Off-site ProDosal
Participation in the off-site project will allow the City to recover the costs
associated with the development of excess affordable housing units within the Villa Loma
Project.
SDP 98-01/CDP 98-04/CUP 98-01 - LA COSTA GLEN FEBRUARY 1 1, 1999 PAGE 3
Advancing Housing Goals and Strategies
0 The recovery of the City’s investment in the Villa Loma Project will provide for additional
financial resources which are needed to further affordable housing development in the
community.
IV. RECOMMENDATION
The request to purchase 30.2 credits is the largest such request to be considered by the Housing Commission. Because of this large request, the standard Affordable Housing Agreement for credit
purchase has been modified. The Draft Agreement (see Exhibit 3) states credits are reserved for a two
year period, starting on the date of City Council approval. If the credits are not purchased for the La
Costa Glen project within the 2 year reservation period, the credits will be released and then made
available for purchase on a first come, first served basis. If the credits are in fact released, no future
credits are available for purchase, and the Developer has not completed the 171 residential housing unit
Project, the Agreement provides for the Developer to be permitted to make a payment in an amount
equal to the last housing credit price in effect at the time the last housing credit is purchased by a
developer.
Based upon the uniqueness of the project, the analysis of the above criteria, and the modifications to the standard Affordable Housing Agreement, the Affordable Housing Policy (staff) Team believes that
adequate justification has been provided by the Developer to make the finding that the off-site
satisfaction of the inclusionary housing requirement is in the public interest. Therefore, the staff team is
recommending that the request to purchase credits be recommended for approval by the Housing
Commission to the City Council.
EXHIBITS
1.
2.
3.
4.
5.
Housing Commission Resolution No. 99-001
Planning Commission Staff Report dated, January 6, 1999
Draft Affordable Housing Agreement
Vicinity Map
Professional Care Facility Definition
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HOUSING COMMISSION RESOLUTION NO. 99-001
A RESOLUTION OF THE HOUSING COMMISSION OF THE CITY
OF CAIUSBAD, CALIFORNIA, TO RECOMMEND THAT THE
CITY COUNCIL APPROVE A REQUEST BY CONTINUING LIFE
COMMUNITIES, LLC., TO PURCHASE 30.2 AFFORDABLE
HOUSING CREDITS IN THE VILLA LOMA HOUSING PROJECT
IN ORDER TO SATISFY THE AFFORDABLE HOUSING
OBLIGATION OF THE LA COSTA GLEN PROJECT UNDER THE
CITY’S INCLUSIONARY HOUSING ORDINANCE.
APPLICANT: CONTINUING LIFE COMMUNITIES, LLC. CASE NO: SDP 98-01KDP 98-04/CUP 98-01
WHEREAS, Continuing Life Communities, LLC., the developer of the La Costa Glen
continuing care retirement community, has made application for a Site Development Plan (SDP 98-01)
and a Coastal Development Permit (CDP 98-04) within the City of Carlsbad for the development of a
continuing care retirement community;
WHEREAS, the Planning Commission, at their meeting of January 6, 1999, determined that
171 attached and detached villas within the project are residential housing units;
WHEREAS, the development of 17 1 residential housing units requires the developer to provide
30.2 units of housing affordable to lower income households as required by Carlsbad Municipal Code
Section 21.85 of the City’s Inclusionary Housing Ordinance;
WHEREAS, the Villa Loma housing project was conceived and developed with City
participation based on the creation of 184 excess affordable housing units which would be available to
satisfy other developers inclusionary housing obligation;
WHEREAS, Continuing Life Communities, LLC., has requested to purchase Affordable
Housing Credits as a means to satisfy the affordable housing obligations for the La Costa Glen
:ontinuing care retirement community as permitted by Carlsbad Municipal Code Section 2 1.85 of the
2ity’s Inclusionary Housing Ordinance and consistent with City Council Policies 57 and 58;
WHEREAS, the request to purchase Affordable Housing Credits has been submitted to the City
If Carlsbad’s Housing Commission for review and consideration;
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WHEREAS, said Housing Commission did, on the 1 l* day of February, 1999, hold a public
meeting to consider said request for the purchase of Affordable Housing Credits by Continuing Life
Communities, LLC.;
WHEREAS, at said public meeting, upon hearing and considering all testimony, if any, of all
persons desiring to be heard, said Commission considered all factors relating to the application and
request to purchase Affordable Housing Credits.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing Commission of the City
of Carlsbad, California, as follows:
1 . The above recitations are true and correct.
2. The project is consistent with the goals and objectives of the City of Carlsbad’s Housing
Element and Consolidated Plan, the Inclusionary Housing Ordinance, and the Carlsbad
General Plan.
3. Based upon the analysis contained within the Housing Commission Staff Report dated
February 11, 1999, the Housing Commission finds that the off-site satisfaction of the
inclusionary housing requirement is in the public interest.
4. That based on the information provided within the Housing Commission Staff Report and
testimony presented during the public meeting of the Housing Commission on February 11, 1999, the Commission recommends that the City Council APPROVE a request by
Continuing Life Communities, LLC., to purchase 30.2 affordable housing credits in the
Villa Loma housing project in order to satisfy the affordable housing obligation of the la
Costa Glen project under the city’s inclusionary housing ordinance.
5. That the Housing Commission recommends that the Community Development Director be
authorized to execute the Affordable Housing Agreement in substantially the form
presented in Exhibit 3 to the Housing Commission Staff Report and to execute such other
documents, or take other actions as may be necessary or appropriate to assist the developer
in acquiring the Affordable Housing Credits.
Zeneral Conditions:
1. Thirty and two-tenths (30.2) affordable housing credits shall be reserved for the La Costa Glen project for a period of two (2) years. The two year period shall commence on the date
the City Council approves the request to purchase said credits. If the credits have not been
purchased within the two year period, the credits will be released and then made available
for purchase on a first come, first served basis. If the credits are in fact released, no fbture
credits are available for purchase, and the Developer has not completed the 171 residential
housing unit Project, Continuing Life Communities shall be permitted to make a payment
in an amount equal to the last housing credit price in effect at the time the last housing credit is purchased by a developer.
HC RESO. NO. 99-001
PAGE 2
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2. Within sixty (60) days of the City Council approval of Developer’s request to purchase
Affordable Housing Credits, and prior to receiving Final Map approval or receiving a
building permit for the subject project, Developer shall execute the Affordable Housing
Agreement.
3. Prior to the receipt of each building permit, the developer shall pay the appropriate housing
purchase price. The total purchase price for the Credits required will be divided by the total number of units “residential units” within the Project, and paid per individual building
permit obtained for each residential unit within the Project. If the total number of units
decreases, the total purchase price will decrease accordingly. Execution of this Agreement
by the parties and payment of the entire required purchase price for thirty and two-tenths
(30.2) affordable housing credits to the City by the Developer shall fully satisfy the
Developer’s affordable housing obligation pursuant to Chapter 21.85 of the Carlsbad Municipal Code and the above-referenced conditions of approval. Upon execution of this
Agreement and receipt of the above payment from developer, City will record an appropriate release of the developer’s obligation.
4. The Developer shall be required to purchase the subject housing credits at the price in
effect at the time a building permit is requested for a residential unit subject to the
conditions of said Agreement.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Housing Commission of
the City of Carlsbad, California, held on the 1 l* day of February, 1999, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
KATHLEEN WALKER, VICE-CHAIRPERSON
CARLSBAD HOUSING COMMISSION
DEBBIE FOUNTAIN
HOUSING AND REDEVELOPMENT DIRECTOR
HC RESO. NO. 99-001
PAGE 3
\ EXHIBIT 2 The City of Carlsbad Planning Department
P.C. AGENDA OF: January 6,1999
A REPORT TO THE PLANNING GO MMISSION I
Application complete date: April 2 1, 1998
Project Planner: Jeff Gibson
Project Engineer: Mike Shirey
SUBJECT: SDP 98-01KDP 98 -O4/CUP 98 -- 01 J.A COSTA GT,EN - Request for a Site
Development Plan, Coastal Development Permit, and Conditional Use Permit to
develop a continuing care retirement community for elderly residents on a 55 acre
site located within Planning Area 3 of the Green Valley Master Plan on the west
side of El Camino Real between La Costa Avenue and Calle Barcelona, within
Local Facilities Management Zone 23.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolutions No. 4447 and 4448
COMMENDING APPROVAL of SDP 98-01 and CDP 98-04 &-id ADOPT Planning
Commission Resolution No. 4449, APPROVING CUP 98-01, based upon the findings and
subject to the conditions contained therein.
11. YiTRODUCTION .,
The proposed 'project is for the construction 'of a continuing 'care retirement community for
elderly residents'(60 years of age or older) on a vacant 55 acre site located on the west side of El
Camino Real between La Costa Avenue and Leucadia Boulevard within the Coastal Zone and the
Green Valley Master Plan. a health center with
approximately 72 to 79 skilled nursing care beds and 71 assisted living suites; three buildings
with a total of 229 independent living apartment units, 33 personal care suites, and 2 guest
rooms; 95 twirdtownhomes; 76 detached single-family homes; a recreation building; a
maintenance building; and, a recreational vehicle storage area. The project requires a Site
Development Plan, Coastal Development Permit, and a Conditional Use Permit. The Green
Valley Master Plan requires the Site Development Plan to be reviewed by the Planning
Commission and approved by the City Council. The master plan also requires a conditional use
permit for a Professional Care Facility in association with an on-site retirement housing
community. The Planning Commission has the final decision authority over the conditional land
use while the City Council has the final decision over the project's site design and architecture.
The project also complies with City standards, is consistent with the Green Valley Master Plan,
and all the necessary findings can be made for the approvals being requested. In conclusion,
staff believes that the project has addressed all issues and, therefore, staff is recommending
approval.
The proposed project would consist of:
,r
SDP 98-01XDP 98-041~UP 98-01 - LA COSTA GLEN
January 6,1999
e2
111. JECT DESCRIPTION AND BACKGROUND
The project consists of a continuing care retirement community for elderly residents (60 years of
age or older) that would be constructed on the entire 55.8 acres of Planning Area 3 (see reduced
exhibit “A”) of the Green Valley Master Plan. Planning Area 3 is designated in the master plan
for residential, retirement community, and professional care land uses. Continuing care
retirement communities (CCRC) are regulated under Chapter 10 of Division 2 of the State of
California Health and Safety Code by the State of California Department of Social Services,
Community Care Licensing Division and the Certification Division of the State Department of
Health Services. A CCRC is considered an alternative for the long-term residential, social, and
health care needs of California’s elderly residents, and a way to provide a continuum of care, to
minimize transfer trauma, and to allow for the provision of social and health care services in an
appropriately licensed setting.
The La Costa Glen CCRC, owned by Continuing Life Communities LLC, would be an operating
retirement resort which has a comprehensive range of lifestyle accommodations including single-
family homes, twin-homes, townhomes, apartment style-assisted and independent living units,
and skilled nursing care beds. It would also include a comprehensive package of services: social
and recreational activities, special amenities for seniors, extensive food service, complete
security, emergency call systems, and access to high levels of nursing care in the form of assisted
living and skilled nursing care. A major characteristic of the La Costa Glen CCRC is that it will
not entail the transfer of any real property interest to the residents. Continuing Life Communities
LLC will maintain ownership and maintenance responsibilities for the entire property. Because
there is no transfer of title in the form of any real estate, there are no residential lots, rather, the
residents enter into a performance contract which‘is considered personal property. As a result of
this arrangement the development does not -come under the regulatory jurisdiction of the
California Department of Real Estate.
r - -8 The owner/developer is finalizing the final map on the Green Valley property and has City
approved public improvement plans, landscape and imgation plans, and a grading permit. The
developer is currently mass grading all the developable portions of the Green Valley Master
Plan. The developer is also widening El Camino Real, building a ”median, and constructing the
necessary roadways (Levante Street and Calle Barcelona), the future public pedestrianhicycle
trail, and the utility infrastructure (drainage, sewer, water, desiltatiorddepollutant basin) to serve
Planning Area 2 (1 8 acre commercial area) and Planning Area 3 of the master plan. In adition,
the master plan’s biological revegetatiodmitigation program will be implemented as part of this
initial mass grading and public improvement construction phase of the master plan development.
The site is zoned Planned Community and located within the Coastal Zone. The Green Valley
Master Plan site encompasses approximately 281 acres and is physically characterized by three
distinct areas including a linear riparian woodland area which is parallel and adjacent to El
Carnino Real, an area of gently sloping open fields west of the riparian woodland, and an area of
moderate to steep slopes which is located in the western portion of the property. The project
would be located within Planning Area 3 of the master plan which is approximately 55 acres in
size and is located in the central-northem open field portion of Green Valley. The planning area
is bordered by La Costa Avenue to the north, the upland bluff area to the west, the riparian
SDP 98-01KDP 98-04/CUF’ 98-01 - LA COSTA GLEN
January 6,1999
woodland corridor to the east, and future Calle Barcelona to the south. Planning Area 2, which is
the commercial planning area for the master plan, is located on the south side of Calle Barcelona.
Access to Planning Area 3 would be provided from the future western extension of Levante
Street and Calle Barcelona.
The proposed project has an architectural style generally described as Spanish motif with
concrete “S” tile roofing, stucco walls, columns, and cornices, wood shutters, wrought iron
railings, and stucco and metal trellises. The project consists of the following features:
A.
B.
C.
D.
I E..
F.
. G.
1’ . :. ‘
, ,H.
A two-story health care facility with approximately 72 to 79 skilled nursing care beds, 71
assisted living suites, and three outdoor courtyards;
Three three-story buildings with a total of 229 independent apartment living units with
kitchens, 33 personal care suites, two guest rooms, and one 29,559 square foot commons
facility including patios, mail room, lounges, kitchen, dining rooms, market, beauty
parlor, billiards and card rooms, nursing services, administrative offices, computer room,
and a library;
A 6,550 square foot recreation building adjacent to an outdoor pool, outdoor recreational
areas, a lake, water garden, horticultural gardens, and a small private amphitheater;
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Gate-guarded private streets and a guard house on the main Levante Street entrance; I
95 attached, one-story twinhomes/townhomes with attached garages and 76 detached
one-story, single- homes with attached garages; ~
A 12,252 square foot maintenance bui ng and a recreational vehicle storage area;
329 open parking spaces, 132 carport parking spaces, and 273 garage spaces; and,
80,000 cubic yards (cut and fill) of balanced fin
driveways, building pads, RV storage area, and parking areas.
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grading for the private streets, -
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Primary vehicular access to the site is provided by private gated streets leading from both
Levante Street and Calle Barcelona. The project’s private street I connecting from Calle
Barcelona leads to the health care center and the three independent living buildings. The three
independent living buildings and a common dining and meeting facility are arranged in a ring
configuration with a recreation center, swimming pool, gardens, and a lake in the middle of the
ring. On the east side of this private street are one-story twinhomes and townhomes located off
several private cul-de-sac streets. To the east of these homes is a large 1inear.open space
recreational area that runs south to north along the entire length of Planning Area 3. This
common recreational area contains a meandering sidewalk, benches, ornamental landscaping, an
exercise course, and other active recreational uses. Further east of this recreational area is the
public trail and the large natural riparian woodland area located along El Camino Real. Levante
Street crosses the creek and associated riparian area with a bridge and also leads to a gate
guarded private street that connects to the independent living buildings. This private street also
SDP 98-01XDP 98-041iUP 98-01 - LA COSTA GLEN
January 6,1999
leads to the northern portion of the site which contains more twinhomes, 76 one-story single-
family homes, and a large recreational vehicle storage area.
IV. MAJ,YSIS
The project is subject to the following regulations and requirements:
A. Carlsbad General Plan;
B. Green Valley Master Plan;
C. Conditional Uses (Municipal Code Chapter 21.42);
D.
E. Growth Management.
The recommendation for approval for this project was developed by analyzing the project’s
consistency with the applicable regulations and policies. The project’s compliance with each of
the above regulations is discussed in detail in the sections below.
East Batiquitos LagoonMunt Segment of the Carlsbad Local Coastal Program; and
A. General Plan
The General Plan land use designation for the Green Valley property is a combination district
including Community Commercial (C), Office (0), Residential Medium High (RMH), and Open
Space (OS). The City Council approved the master plan in 1996 and made the finding that the
Green Valley Master Plan implements the General Plan and is consistent with the goals,
objectives, and policies of the General Plan. The finding was based on the fact that the master
plan provides for the following: (1) the provision of the necessary circulation element roadways
and improvements (Levante Street, Calle Barcelona, and El Camino Real); (2) the protection and
enhancement of the wetland and upland areas within protected open space lots; (3) the
construction of a hture public trail; (4) the provisions for affordable housing; and (5) compliance
with the Local Facilities Management Plan Zone 23 for public facilities and services. Based on
this implementation and consistency relationship between the Green Valley Master Plan and the
General Plan, it can be assumed that if the La Costa Glen project is consistent with the master
plan it is also consistent with the General Plan.
B. , Green Valley Master Plan
The project is located within Planning Area 3 of the Green Valley Master Plan. Planning Area 3
requires the processing of a Site Development Plan and a Conditional Use Permit for any
professional care land use associated with an on-site retirement housing community. The master
plan also stipulates that any required site development plan must be approved by the City
Council. A retirement residential project may also involve customized residential unit types and
site plans. The project’s Site Development Plan is consistent with the Green Valley Master Plan
SDP 98-01/CDP 98-04/cllp 98-01 - LA COSTA GLEN
January 6,1999 I
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and meets or exceeds all applicable requirements of the master plan as demonstrated in Table A
below:
Table A: Green Valley Master Plan -Planning Area 3
housing community
1 space per two unitdl guest
(CMC 21.44.020(a)(9))
villas) - 30.2 affordable units credits in Villa Lorna :
landscaping themes ~
For the purpose of determining the project’s compliance with the master plan, in regards to
permitted land uses in Planing Area 3 and the application of affordable housing requirements, the
Planning Department considers the 171 attached and detached villas as the primary component of
the retirement housing and the apartment complex (containing common dining and nursing
services), and the health care center as the professional care component of the facility. Due to
the project’s uniqueness and its housing complexity, the Planning Department felt it necessary to
consult with the State Housing and Community Development Division (HCD) about whether or
not the project’s residences should be considered “housing ‘&its” or “group quarters/commercial
living units” and what income category they should be assigned to for reporting purposes. In a
letter to the City, HCD stated that the project’s independent living units (apartments with
kitchens and villas) are considered “housing units” per the census definition and they can be
reported towards meeting the City’s regional share housing needs. Citing a need for further
study and review by HCD, the question of what income category the independent living units
would fit into (very low; low, moderate income etc..) was left unanswered.
SDP 98-O1/CDP 98-04/CUP 98-01 - LA COSTA GLEN
January 6, 1999
Page 6
HCD’s response requires the City to make a determination as to how best to apply Carlsbad’s
inclusionary housing ordinance to this project. The Planning Department recommends that the
apartment complex and the health care beds be considered “professional care/commercial living
units” and not subject to the master plan’s affordable housing requirements. However, given the
fact that some of the residential units in La Costa Glen will be reported as part of the City’s
regional share housing totals, staff believes that the project has an obligation to provide some
public benefit to assist the City in providing housing for lower income residents. Therefore, the
project’s 171 villas are recommended to be considered “residential housing units” and be subject
to the affordable housing requirements of the master plan. This results in a requirement of 30.2
dwelling units to be affordable to lower income residents. Given the high project entrance
deposit fees and the complex service and housing fee structure for residents, at this point in time
and pending Mer input fiom HCD, staff has determined that restricting units onsite as
affordable to low income residents is not a workable or viable alternative. Therefore, staff is
recommending that the developer be given the option to either purchase offsite affordable
housing credits in the Villa Loma affordable housing project and/or buy existing offsite housing
units and restrict the rents.
The approved master plan anticipated residential units in Planning Area 3, either standard (single
or multi-family) residential or retirement residential in combination with professional care. In
return, the master plan also anticipated that some form of affordable housing benefit would be
provided. If all the units are considered commercial living units there is no basis for requiring
affordable housing units. However, staff believes that a 100 percent commercial living unit
project would be consistent with the master plan. If the Planning Commission concurs with
staffs recommendation that the project is subject to affordable housing requirements for the
attacheddetached villas, then the project will be forwarded to the Housing Commission for
review and a recommendation to the City Council. If the Planning Commission determines that
the dwelling units are “commercial living ‘units” and the project is consistent with the master
plan, then no affordable housing will be required, and there would be no need for the Housing
Commission to review or make a recommendation on the project.
C. Conditional Uses
For retirement community and professional care type land uses, Planning Area 3 of the Green
Valley Master Plan requires a Conditional Use Permit (CUP) which defers the permit processing
to Chapter 21.42 of Carlsbad Municipal Code. This gives the authority for the location and
operation of these land uses to the Planning Commission for their review and final decision on
the approval of the Conditional Use Permit. Given the large monetary investment in onsite
improvements, the fact that the land use is compatible with the neighborhood, and the project is a
permitted land use in the master plan, staff is not recommending that the CUP have an expiration
date. The following required CUP findings for the proposed La Costa Glen CCRC can be made:
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1. The proposed use is: a) necessary and desirable for the development of the
community in that the community benefits of a CCRC include an alternative for
the long-term residential, social, and health care needs of elderly residents, and a
way to provide a continuum of care, to minimize transfkdrelocation trauma, and
SDP 98-01/CDP 98-04/CUP 98-01 - LA COSTA GLEN
January 6,1999
Page 7
to allow for the provision of social and health care services in an appropriately
State-licensed setting; b) consistent with the Green Valley Master Plan and,
therefore, is consistent with the General Plan; and c) is not detrimental to
permitted uses in the master plan in that the land use is buffered from the
commercial planning area (PA 2) by Calle Barcelona and is surrounded on the
west, north, and east by large areas of open space.
2. The proposed site is adequate in size and shape to accommodate the use in that the
project would be constructed within the confines of the developable portions of
Planning Area 3 and complies with all the applicable master plan development
standards.
3. The features necessary to adjust the requested use to existing or permitted future
uses in the neighborhood will be provided and maintained, in that the health
center and homes are setback 35 feet fkom Calle Barcelona, the southern and
eastern perimeter of the site is fenced with a combination of masonry walls/
wrought iron fences, and a combination of trees, shrubs, and groundcover is
provided along the public and private streets. All the project landscaping is
consistent with the master plan's landscape guidelines.
4. The.street system serving the proposed use would not be impacted by the
proposed conditional use in that Calle Barcelona, Levante< Street,:and the
associated intersections have all been sized and designed to accommodate all the
anticipated traffic generated by the master plan. The project would generate
approximately 1,650.average daily vehicle trips (ADT) which is 2,350 ADT less
than the 4,000 ADT analyzed and approved in me master plan (400 dwelling units
er dwelling unit .J .r;
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D.
The project' site is located entirely within the California Coastal Zone and
policies of the East Batiquitos LagoodHunt Segment of the Local Coastal Program. In 1996 the
City Council and the Coastal Commission approved an amendment to the East -Batiquitos
Lagooaunt Segment of the LCP which designated the Green Valley Master Plan as the
implementing ordinance for the portion of the LCP covering the Green Valley property. Based
on this implementation and consistency relationship between the Green Valley Master Plan and
the LCP, it can be assumed that if the La Costa Glen project is consistent with the master plan it
is also consistent the LCP.
The project will not encroach beyond the development area established for Planning Area 3,
therefore, it will not impact sensitive coastal resources or preclude development of the future
public pedestriadbicycle trail. The required fee for the conversion of non-prime agricultural
lands to urban uses was paid prior to issuance of the grading permit. The desiltation/depollutant
basin and the biological revegetation and mitigation program will be implemented as part of the
mass grading and public roadway improvements which are currently underway on the site.
East Batiquitos Lagoon/Hunt Segment of the Carlsbad Local Coastal Program
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SDP 98-01KDP 98-041JJP 98-01 - LA COSTA GLEN
January 6,1999
Paee 8
E. Growth Management
An amendment to the Local Facilities Management Plan for Zone 23 was approved concurrently
with the Green Valley Master Plan. At that time all facility impacts were analyzed and it was
determined that all facilities would be provided prior to or concurrent with need pursuant to the
facilities performance standards of Growth Management. Since the proposed project is
consistent with the master plan in which all facilities were determined to be in compliance with
adopted performance standards and the project has been conditioned to comply with all
requirements of the LFMP for Zone 23, no further growth management analysis is necessary.
Facility impacts are noted on the attached Local Facilities Impact Assessment Form.
V. MRONMENTAL REVIEW
The initial study (EM-Part 11) prepared in conjunction with this project determined that the
project would not have a significant impact on the environment and is in prior compliance with
the Final Program Environmental Impact Report (EIR 92-03) approved as part of the Green
Valley Master Plan. The Site Development Plan for the retirement/professional care community
land use is considered a subsequent project and within the scope of the impacts and mitigation
analyzed and established by the Program EIR.
The majority of the significant environmental impacts will occur as a direct result of the current
mass grading operation and the current construction of the infrastructure including, the widening
of El Camino Real, construction and extension of Calle Barcelona and Levante Street across the
creek and riparian corridor. Mitigation to offset these environmental effects has been included in
the master plan’s mitigation program and will be implemented as part of the approved mass
grading permit and improvement plans. These mitigation measures include: (1) construction of
Calle Barcelona, Levante Street, and the widening of El Camino Real to offset traffic impacts;
(2) the construction of storm drains and a detentioddepollutant basin and erosion control to
offset hydrology and water quality impacts; (3) a native habitat revegetationhestoration program
in the open space areas to offset biological impacts; (4) further site testing and onsite monitoring
during grading for cultural and paleontological impacts; (5) compliance with recommendations
of the geotechnical report during grading for geology and soils impacts; and, (6) watering and
construction techniques, erosion control, heavy equipment emissions control, and roadway
cleaning to offset air quality impacts (see the approved mitigation and monitoring program for
Program EIR 92-03).
It is important to note that the entire La Costa Glen project would generate approximately 1,650
average daily vehicle trips (ADT) which is 2,350 ADT less than the 4,000 ADT analyzed in EIR
92-03 and approved in the master plan (400 dwelling units at 10 ADT per dwelling unit equals
4,000 ADT). In addition, the development of a continuing care retirement community land use
rather than 400 single-family homes in Planning Area 3 would result in reduced demand on
public facilities and services such as schools, parks, and policing. Please see the Environmental
Assessment Form-Part I1 for a detailed description of the justification to recommend approval of
the Prior Environmental Compliance. In consideration of the foregoing, on June 19, 1998 the
Planning Director issued a Notice of Prior Environmental Compliance for the proposed project.
SDP 98-01/CDP 98-04/CUP 98-01 - LA COSTA GLEN
January 6,1999
The environmental document was noticed in the newspaper and no public comments were
received during the public review and comment period.
ATTACHMENTS:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Planning Commission Resolution No. 4447 (SDP)
Planning Commission Resolution No. 4448 (CDP)
Planning Commission Resolution No. 4449 (CUP)
Location Map
Background Data Sheet
Disclosure Statement
Local Facilities Impact Assessment Form
Reduced Exhibits
Full Size Exhibits "A" - "XXX" dated January 6, 1999
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NNING COMMISSION RESOLUTION NO. 4447
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
FOR THE DEVELOPMENT OF A CONTI”G CARE
RETIREMENT COMMUNITY ON PROPERTY GENERALLY
LOCATED ON THE WEST SIDE OF EL CAMMO REAL
BETWEEN LA COSTA AVENUE AND CALLE BARCELONA
IN LOCAL FACILITIES MANAGEMENT ZONE 23.
CASE NAME: LA COSTA GLEN
APPROVAL OF A SITE DEVELOPMENT PLAN, SDP 98-01,
SE NO.: SDP 98-01
WHEREAS, Continuing Life Communities LLC, “Developer”, has filed a
verified application with the City of Carlsbad regarding property owned by Continuing Life
Communities LLC, “Owner”, described as
Those portions of Section 35, Township 12 South, Range 4
West and Section 2, Township 13 South and 4 West, San
Bernardino Meridian in the City of Carlsbad, County of San
Diego, State of California, according to Official Plat thereof,
said property being more particularly described in Exhibit
“A” of Quitclaim Deed recorded March 28,1989 as File No. 89-
157040 of Official Records of said San Diego County.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan as shown on Exhibit(s) “A” - “XXX” dated January 6, 1999, on file in the Planning
Department LA COSTA GLEN, SDP 98-01 as provided by Chapter 21.06 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on the 6th day of January, 1999,
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Site Development Plan.
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Commission
A)
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
f the City of Carlsbad as follows:
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Planning
01 based on the following findings and subject to the following conditions:
B) Commission JZECOMMENDS APPRO VqLOF LA COSTA GLEN, SDP 98-
Findings:
1.
2.
3.
That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, will
not be detrimental to existing uses or to uses specifically permitted in the area in which
the proposed use is to be located, and will not adversely impact the site, surroundings or
traffic circulation, in that a continuing care retirement community is considered an
alternative for the long-term residential, social, and health care needs of California's
elderly residents, and a way to provide a continuum of care, to minimize transfer
trauma, and to allow for the provision of social and health care services in an
appropriately licensed setting. The project is consistent with all the requirements of
Green Valley Master and Final Program EIR 92-03. The City Council approved the
master plan in 1996 and made the finding that the Green Valley Master Plan
implements the General Plan and is consistent with the goals, objectives, and
policies of the General Plan. .The project, through implementation of the master
plan, provides for the following: (1) the provision of the necessary circulation
element roadways and improvements (Levante Street, Calle Barcelona, and El
Camino Real); (2) the protection and enhancement of the wetland and upland areas
within open space lots; (3) the construction of a future public trail; (4) the provisions
for affordable housing; (5) implementation of the mitigation, monitoring, and
reporting program for Program EIR 92-03; and, (6) compliance with" the Local
Facilities Management Plan Zone 23 for public facilities and services
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the project meets or exceeds all City policies and the development standards of
the Green Valley Master, including landscaping, pedestrian access, lot size and
coverage, setbacks, parking, building height, recreational open space, and
recreational vehicle storage space.
That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
the requested use to existing or permitted fbture uses in the neighborhood will be
provided and maintained in that: (1) the buildings are set back 35 feet from Calle
Barcelona; (2) the site has perimeter fencing/walls including chain link, masonry
block, and wrought iron; (3) extensive ornamental landscaping and native habitat
restoration is provided; and, (4) large areas of open space, topography, and Calle
Barcelona separate and buffer the site from surrounding residential, commercial,
and transportation land uses.
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4.
5.
6.
7.
8.
9.
That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the proposed onsite private streets meet all City
policies and standards including, backup distance, corner sight visibility, street
width, intersection spacing, and cul-de-sac length. The portions of Levante Street
and Calle Barcelona located within the site will be constructed, El Camino Real will
be widened along the project’s frontage, and a landscaped center median will be
constructed.
The project is consistent with the City-Wide Facilities and Improvements Plan, the
applicable local facilities management plan and all City public facility policies and
ordinances since:
A. The project has been conditioned to ensure the building permits will not be issued
for the project unless the District Engineer determines that sewer service is
available, and building cannot occur within the project unless sewer service
remains available, and the District Engineer is satisfied that the requirements of
the Public Facilities Element of the General Plan have been met insofar as they
apply to sewer service for this project.
All necessary public improvements have been provided or are required as B.
conditions of approval. _>
/: Cb.
The Developer has agreed and is required by the inclusion of an appropriate
condition to pay a public facilities fee. Performance of that contract and payment
of the fee will enable this body to find that public facilities will be available
concurrent with need as required by the General Plan.
The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 23.
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
The Planning Director has found that, based on the EIA Part 11, this Subsequent Project
was described in the Program EIR 92-03 as within its scope; and there will be no
additional significant effect, not analyzed therein; and that no new or additional
mitigation measures or alternatives are required; and that, therefore, this Subsequent
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Project is within the scope of the prior EIR; and no new environmental document nor
Public Resources Code 2 108 1 findings are required.
10. The Planning Commission finds that all feasible mitigation measures or project
alternatives identified in the Program EIR 92-03 which are appropriate to this Subsequent
Project have been incorporated into this Subsequent Project, as noted above. .. ItlqPS:
1. Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Site Development Plan document(s) necessary to make them
internally consistent and in conformity with final action on the project. Development
shall occur substantially as shown in the approved Exhibits. Any proposed development
different ftom this approval, shall require an amendment to this approval.
Approval of SDP 98-01 is granted subject to the approval of CUP 98-01 and CDP 98-
04. ‘ SDP 98-01 is subject to all conditions contained in Planning Commission
’
2.
I- Resolutions No. 4449, and 4448 for CUP 98-01 and CDP 98-04. . 1-6 .,
3. 1 The Developer shall implement, or cause the implementation of the applicable portions of
the Program EIR 92-03 Mitigation Monitoring and Reporting Program.
The Developer shall comply withaall applicable provisions of federal, state, and local
ordinances in effect at the time of building permit issuance.
4.
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5. The Developer shall provide the City with a reproducible 24” x 36”, mylar copy of the
c, I- Site Plan as approved by the final decision making body. The Site Plan shall reflect the
: : conditions of approval by the City. The Site Plan copy shall be submitted to the City
Ax:i:-~c-l Engineer and approved prior to building, grading, final map, or improvement plan
submittal, whichever occurs first. -3- A -
6. The Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of the approving resolutions on a 24’? x 36” blueline drawing.
Said blueline drawings shall also include a copy of any applicable Coastal Development
Permit and signed approved site plan.
7. 2 . Building permits will not be issued for development of the subject property unless the
District Engineer determines that sewer facilities are available at the time of application
for such sewer permits and will continue to be available until time of occupancy.
8. The Developer shall pay the public facilities fee adopted by the City Council on July 28,
1987, (amended July 2, 1991) and as amended from time to time, and any development
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal
Code or other ordinance adopted to implement a growth management system or Facilities
and Improvement Plan and to fulfill the subdivider’s agreement to pay the public
facilities fee dated January 13, 1998, a copy of which is on file with the City Clerk and
PCRESONO. 4447 -4-
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9.
10.
11.
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13.
14.
15.
is incorporated by this reference. If the fees are not paid, this application will not be
consistent with the General Plan and approval for this project will be void.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 23 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this residential
housing 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.
Prior to the issuance of the building or grading permit, whichever occurs first,
Developer shall submit to the City a Notice of Restriction to be filed in the office of the
County Recorder, subject to the satisfaction of the Planning Director, notifying all
interested parties and successors in interest that the City of Carlsbad has issued a Site
Development Plan by Resolution No. 4447 on the real property owned by the Developer.
Said Notice of Restriction shall note the property description, location of the file
containing complete project details and all conditions of approval as well as any
conditions or restrictions specified for inclusion in the Notice of Restriction. The
Planning Director has the authority to execute and record an amendment to the notice
which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
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Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates
pursuant to City standards. Location of said receptacles shall be approved by the
Planning Director. Enclosure shall be of similar colors and/or materials to the project to
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the satisfaction of the Planning Director. _I ,
An exterior lighting plan including parking areas shall be submitted for Planning Director
approval. All lighting shall be designed to reflect downward and avoid any impacts on
adjacent homes or property. The lighting plan shall comply with all the requirements
of the Green Valley Master Plan. I
No outdoor storage of materials shall occur onsite unless required by the Fire Chief. In
such instance a storage plan will be submitted for approval by the Fire Chief and the
Planning Director.
The Developer shall prepare a detailed landscape and imgation plan in conformance with
the approved Preliminary Landscape Plan and the City’s Landscape Manual. The plans
shall be submitted to and approval obtained fi-om the Planning Director prior to the
approval of the final map, grading permit, or building permit, whichever occurs first. The
Developer shall construct and install all landscaping as shown on the approved plans, and
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16.
17.
18.
19.
maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and
debris.
The first submittal of detailed landscape and imgation plans shall be accompanied by the
project’s building, improvement, and grading plans.
Building identification and/or addresses shall be placed on all new and existing buildings
so as to be plainly visible from the street or access road; color of identification and/or
addresses shall contrast to their background color.
Prior to the issuance of building permits for any lots or units, the Developer shall obtain
approval and enter into an Affordable Housing Agreement with the City to purchase 30.2
affordable housing credits in the Villa Loma affordable housing project and/or purchase
30 existing dwelling units and restrict those units to rents affordable to lower
income households and pay a fee for the fractional remainder, in accordance with the
requirements and process set forth in Chapter 2 1.85 of the Carlsbad Municipal Code. The
recorded Affordable Housing Agreement shall be binding on all future owners and
successors in interest.
The Developer shall provide bus stops to service this development at locations and with
reasonable facilities to the satisfaction of the North County Transit District and the
Planning Director. Said facilities, if required, shall at a minimum include a bench, free
from advertising, and a pole for the bus stop sign. The bench and pole shall be designed
to enhancsor consistent with basic architectural theme of the project.
llrand void if building permits are not issued for this
project within 24 months from the date of project approval.
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NOTE: Unless specifically stated in the condition, all of the following engineering conditions
upon the approval of this proposed site development plan must be met prior to
issuance of a building permit.
2 1. The developer shall comply with the requirements of the City’s anti-graffiti program for
wall treatments if and when such a program is formerly established by the City.
All concrete terrace drains shall be maintained by the homeowner’s association (if on
commonly owned property) or the individual property owner (if on an individually
owned lot). 1 An appropriately worded statement clearly identifying the responsibility
shall be placed in the CC&Rs (if maintained by the Association).
The developer shall provide for sight distance corridors at all street intersections in
accordance with Engineering Standards and shall record the following statement on the
22.
23.
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conforming mylar site development plan (and in the CC&Rs).
"No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above
the street level may be placed or permitted to encroach within the area identified
as a sight distance corridor in accordance with City Standard Public Street-Design
Criteria, Section 8.B.3. The underlying property owner shall maintain this
condition."
24. The developer shall record the final map for CT 92-08 and submit for and obtain
approval of an Adjustment Plat from the City, to create the proposed lots as shown
on the site plan and to the satisfaction of the City Engineer.
25.
26.
The developer shall pay all current fees and deposits required.
The developer shall reimburse'the City for a full half street improvements for La
Costa Avenue along the project frontage, prior to recordation of a final map for CT
92-08. The improvements shall include, but not be limited to the following:
,
0 One vehicular travel lane.
One bicycle lane.
Concrete curb and gutter.
Drainage improvements (in accordance with the La Costa Avenue
improvement plans).
0 Street light standard (if needed, in accordance with the La Costa
Avenue improvement plans).
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27. The developer shall reimburse the developer who constructed the median on the
east side of El Camino Real for one half of the cost of that portion of the median
along the project frontage from Levante Street.
The developer shall reimburse the City's cost for that portion of a northbound
lane (number 3 lane) to El Camino Real north of the El Camino ReaYOIivenhain
Roadaeucadia Boulevard intersection, prior to recordation of a final map for
I. ...
28.
CT 92-08.
Grading
29. Based upon a review of the proposed grading and the grading quantities shown on the site
plan, a grading permit for this project is required. The developer must submit and receive
approval for grading plans in accordance with City Codes and Standards prior to issuance
of a building permit for the project.
30. No grading for private improvements shall occur outside the limits of the project unless a
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grading or slope easement or agreement is obtained fiom the owners of the affected
properties and recorded. If the developer is unable to obtain the grading or slope
easement, or agreement, no grading permit will be issued. In that case the developer must
either amend the site plan or modify the plans so grading will not occur outside the
project site in a manner which substantially conforms to the approved site plan as
determined by the City Engineer and Planning Director.
Dedicationmovemew
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32.
33.
34.
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The two permanent detention basins shall be private and maintained in perpetuity
by the property owner or property owner's association. Appropriate wording
regarding detention basin maintenance, as approved by the City Engineer, shall be
included in the covenants, conditions and restriction (CC&Rs) for the project, prior
to recordation of a final map for CT 92-08.
The owner shall make an offer of dedication to the City for all public easements required
by the site plan. The offer shall be made prior to issuance of any building permit for this
project. All land so offered shall be granted to the City fiee and clear of all liens and
encumbrances and without cost to the City. Streets that are already public are not
required to be rededicated.
The design of all private streets and drainage systems shall be approved by the City
Engineer. The structural section of all private streets shall conform to City of Carlsbad
Standards based on R-value tests. All private streets and drainage systems shall be
inspected by the City. The standard improvement plan check and inspection fees shall be
paid prior to issuance of any building or grading permit for this project.
The project shall be constructed in the order shown on the site plan and
shall comply with the City's cul-de-sac standards to the satisfaction of the
City Engineer.
Plans, specifications, and supporting documents for all public improvements shall be
prepared to the satisfaction of the City Engineer. In accordance with City Standards, the
developer shall install, or agree to install and secure with appropriate security as provided
by law, improvements shown on the site plan and the following improvements:
,-
a. The existing vehicular actuated traffic signal at the Calle Barcelona/El
Camino Real intersection shall be modified for the new extension of Calle
Barcelona to the satisfaction of the City Engineer and Traffic Engineer.
Half the cost of the existing signal shall be reimbursed to the developer
that constructed that existing signal.
A note to this effect shall be placed on the conforming mylar site development plan.
Improvements listed above shall be constructed within 18 months of approval of the
secured development agreement or such other time as provided in said agreement.
PC RES0 NO. 4447 -8-
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PC RES0 NO. 4447 -9-
A list of the above improvements shall be placed on the conforming mylar site
development plan. Improvements listed above shall be constructed within 18 months of
approval of the secured development agreement or such other time as provided in said
agreement .
Prior to issuance of building permits, the Fire Department shall evaluate building plans
for conformance with applicable fire and life safety requirements of the state and local
Fire Codes.
Public fire hydrants, shall be provided at intervals of 300 feet along public streets and
private driveways for all multi-family development. Hydrants should be located at street
intersections when possible, but should be positioned no closer than 100 feet from
terminus of a street of driveway.
Public fire hydrants, shall be provided at intervals of 500 feet along public streets and/or
private driveways for all single-family and twinhome development. Hydrants should be
located at street intersections when possible, but should be positioned no closer than 100
feet from terminus of a street of driveway.
The applicant shall submit a site plan to the Fire Department for approval. The site plan
shall depict the location of required, proposed and existing public water mains and fire
hydrants. The plan should include off-site fire hydrants within 200 feet of the project.
The applicant shall submit a site plan depicting emergency access routes, driveways and
traffic circulation for Fire Department approval.
An all weather, unobstructed access road suitable for emergency service vehicles shall be
provided and maintained during construction. When in the opinion of the Fire Chief, the
access road has become unseviceable due to inclement weather or other reasons, he may,
in the interest of public safety, require that construction operations cease until the
condition is corrected.
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All required water mains, fire hydrants and appurtenances shall be operational before
combustible building materials are located on the construction site.
Prior to final inspection, all security gate systems controlling vehicular access shall be
equipped with a “Knox”, key-operated emergency entry device. Applicant shall contact
the Fire Prevention Bureau for specifications and approval prior to installation. .,
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Prior to building occupancy, private roads and driveways which serve as required access
for emergency service vehicles shall be posted as fire lanes in accordance with the
requirements of section 17.04.020 of the Carlsbad Municipal Code.
Prior to issuance of the building permit, the applicant shall obtain fire department approval
of a wildland fuel management plan. The plan shall clearly indicate methods proposed to
mitigate and manage fire risk associated with native vegetation growing within 60 feet of
structures. The plan shall reflect the standards presented in the fire suppression element
of the city of Carlsbad Landscape Guidelines Manual.
Prior to occupancy, all wildland fuel mitigation activities must be complete, and the
condition of all vegetation within 60 feet of structures found to be conformance with an
approved wildland fuel management plan.
All buildings which have an aggregate floor area in excess of 10,000 square feet must be
protected by automatic fire sprinkler systems. Plans and specifications must be approved
by the fire department, and a permit obtained prior to installation. i' Ai
> Proposed multifamily residential buildings must be protected by fire alarm systems. Plans
and specifications must be approved, and a permit obtained ,. prior to installation.
The applicant shall provide a street map which conforms to the following requirements:
A 400 scale photo-reduction mylar, . depicting 1- proposed improvements and at least two
existing intersections 'or streets. The map shall also clearly depict street %enterlines,
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hydrant locations and street names. I' ,
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A monument sign shall be installed at the entrance to the driveway or
indicating the address of the buildings on site.
Genera 1'Conditions; IT . .i\ ~- ,' .I . ._ I ..
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' 51. If any of the foregoing conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or fhrther condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City's approval of
this site plan. ,I .r
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PC RES0 NO. 4447 -10-
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The Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
All roof appurtenances, including air conditions, shall be architecturally integrated and
concealed from view and the sound buffered fkom adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
All landscape and irrigation plans shall be prepared to conform with the Landscape
Manual and submitted per the landscape plan check procedures on file in the Planning
Department.
Any signs proposed for this development shall at a minimum be designed in conformance
with the City’s Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
The developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
with the Carlsbad Municipal Code and the City Engineer.
1’ I. . . ._ NOTICE i ‘.
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively refeked to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these feedexactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the
specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity
charges, nor planning, zoning, grading or other similar application processing or service fees in
connection with this project; NOR DOES IT APPLY to any feedexactions of which you have
previously been given a NOTICE similar to this, or as to which the statute of limitations has
previously otherwise expired.
PC RES0 NO. 4447 -1 1-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 6th day of January, 1999, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
BAILEY NOBLE, Chairperson
CARLSBAD PLANNING COMMISSION ./ . --
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Planning Director. : ': : ..
PCRESONO. 4447 -12-
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PJ AANNING COMMISSION RESOLUTION NO. 4448
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF COASTAL DEVELOPMENT PERMIT NO.,
CARE RETIREMENT COMMUNITY ON PROPERTY
GENERALLY LOCATED ON THE WEST SIDE OF EL
CAMINO REAL BETWEEN LA COSTA AVENUE AND
CALLE BARCELONA IN LOCAL, FACILITIES
MANAGEMENT ZONE 23.
CASE NAME: LA COSTA GLEN
CASE NO .. -
CDP 98-04, FOR THE DEVELOPMENT OF A C0NTI”G
CJIP 98-04
WHEREAS, Continuing Life Communities LLC, “Developer”, has filed a
verified application with the City of Carlsbad regarding property owned by Continuing Life
Communities LLC, “Owner”, described as
Those portions of Section 35, Township 12 South, Range 4
West and Section 2, Township 13 South and 4 West,.San
Bernardino Meridian in the City of Carlsbad, County of San
Diego, State of California, according to Official Plat thereof,
said property being more particularly described in Exhibit
“A” of Quitclaim Deed recorded March 28,1989 as File No.’89-
157040 of Official Records of said San Diego County.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Ekhibits “A” - “XXX” dated January 6, 1999, on file in the
Planning Department, LA COSTA GLEN, CDP 98-04 as provided by Chapter 21.201.040 of
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 6th day of 1999, hold a duly
noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CDP.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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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
COMmNDS APPROVL of LA COSTA GLEN, CDP 98-04 based on
the following findings and subject to the following conditions:
Findings:
1. That the proposed development is in conformance with the East Batiquitos
Lagoon/Hunt segment of the Certified Local Coastal Program and all applicable policies
in that the project is consistent with all the requirements of the Green Valley Master
Plan which is the adopted implementing ordinance for the portion of the Local
Coastal Program covering the Green Valley property. The project meets or exceeds
all City policies and the development standards of the Green Valley Master,
including landscaping, pedestrian access, lot size and coverage, setbacks, parking,
building height, recreational open space, and recreational vehicle storage space.
The project will not encroach beyond the development area established for Planning
Area 3 under the approved Coastal Development Permit for the master plan and
tentative map; therefore, it will not impact sensitive coastal resources or preclude
development of the future public pedestrianhicycle trail. The required fee for the
conversion of non-prime agricultural lands to urban uses was paid prior to issuance
of the grading permit. Erosion control measures such as slope planting and
temporary desiltation measures are incorporated into :the project’s approved
grading permit. The desiltation/depollutant basin and the biological revegetation
and mitigation program will be implemented as part of the mass grading and public
roadway improvements which are currently underway on the site.
The project’s proposed buildings comply with the 35 foot height limit and all the
twinhomes, townhouses, and single-family homes are one-story which will minimize
the project’s visual impact when the project is viewed from La Costa Avenue and El
Camino Real.
2.
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3.
Conditiom:
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Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the document(s) necessary to make them internally consistent and in
conformity with final action on the project. Development shall occur substantially as
shown in the approved Exhibits. Any proposed development different from this
approval, shall require an amendment to this approval.
2. The applicant shall apply for and be issued building permits for this project within
two (2) years of approval or this Coastal Development Permit will expire unless
extended per Section 21.201.210 of the Zoning Ordinance.
PC RES0 NO. 4448 -2-
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3. Approval of CDP 98-04 is granted subject to the approval of SDP 98-01 and CUP 98-
01. CDP 98-04 is subject to all conditions contained in Planning Commission
Resolutions No. 4447, and 4449 for SDP 98-01 and CUP 98-01.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 6th day of January 1999, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
BAILEY NOBLE, Chairperson xi
CARLSBAD PLANNING COMMISSION
ATTEST:
.> .
MICHAEL J. HOLZMLLLER * .
Planning Director
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PC RES0 NO. 4448 -3-
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I' LA COSTA GLEN - -
SDP 98-OIICUP 98-011CDP 98-04
CASE NO: SDP 98 -OI/CDP 98 -04/CUP 98-01
CASE NAME: Jda Costa Glen
APPLICANT: Contlnulng 1 .ife Communities J J C
REQUEST AND LOCATION: A contlnulng care rekment communitv on the west side of E1
hle Barcelona
4 West LEGAL DESCRIPTION: Those portions of Section 35. Township 12 South. Rape
ad Sectd Townshp 13 South and 4 West. San Bewdino Mendian In the City of Carlsbad.
ty of San Dievdtate of Callfomla. accordxp to Official Plat thereof. said pmperty beine
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rch 28. 1989 as F ile icuwy descnbed ULF.xhibit A of Ouitclaim need recorded Ma .. ' * bb 97
No. 89-1 57040 of Officiuecords of said San Diego Coua
APN: 3 -- -- -- Acres: 55 Proposed No. of
LotsKJnits: 400 units
I, PJAN AND ZONING
Land Use Designation: Comity Co mcial/Office/Residential Medb H' 1 gh
Density Allowed: U Density Proposed: N/A
Existing Zone: El: Proposed Zone: U
Surrounding Zoning and Land Use: (See attached for information on Carlsbad's Zoning
Requirements) *; "1 1
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Zonlng
Site PC C/O/RMWACANT
North OS OSNACANT
South ENCINITAS VACANT
Eastl OS/C COMMERCIAL
West ENCINITAS VACANT
.. .. School District: Enclnltas/San D ie& Water District: Olivenhain Municm Sewer District:
Leucadia Countv ,-
Equivalent Dwelling Units (Sewer Capacity): N/A (T (eucadia)
Public Facilities Fee Agreement, dated: Jan. 13. 1998
mVIRONMENTAL IMPACT ASSESSMENT
Certified Environmental Impact Report, dated FIR 97-03 Green Valley MP
*.
DISCLOSURE STATEMENT
Applicant's statement or disclosure of certain ownership interests. on all
applications which will require discretionary action on the part of the City
Council or any appointed Board, Commission or Committee.
The following information must be disclosed:
1.
2.
3.
4.
APPLICANT
List the names and addresses of all persons having a financial interest in the
application.
Continuing Life Comrmnities LLC
800 Morninnside Drive
?hillPrtnn CA 97815
OWNER
List the names and addresses of all persons having any ownership interest in the
property involved.
See Above
If any person identified pursuant to (1) or 12) above. is a corporation or partnership,
list the names and addresses of all individuals owning more than 10% of the shares
in the corporation or owning any partnership interest in the partnership.
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Richard n. Ascbhremr Warren F. Suieker, Jr.
800 Morninnisde Drive 718n *A Hill Rrl SllitP 7.m
Fullerton, CA 92835 Menlo Park. Ca 94025
If any person identified pursuant to (1) or (2) above is a non-profit organization or a
trust, list.the names and addresses of any person serving as officer or director of
the non-profit organization or as trustee or beneficiary of the trust.
2075 Las Palmas Dr. - Carlsbad. CA 92009-1576 - (619) 438-1161 - FAX (619) 438-0894 @
5. Have you hadmathan $250 worth of business tranated with any member of
City staff, Bo wncil within the past twelve
(12) months?
s, Commissions, Committees and/o,
u Yes No If yes, please indicate person(s):
Person is defined as 'Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city
and county, city municipality, district or other political subdivision or any other group or
combination acting as a unit."
NOTE: Attach additional sheets if necessary.
Signature of owner/date Signature of applicant/date
Richard D. Aschenbrenner
Print or type name of owner Print or type name of applicant
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Page 2 of 2 Disclosure Statement 10/96
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€’TANNING COMMISSION RESOLUTION NO. 4449
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
DEVELOPMENT OF A C0NTI”G CARE RETIREMENT
COMMUNITY ON PROPERTY GENERALLY LOCATED ON
THE WEST SIDE OF EL CAMINO REAL BETWEEN LA
COSTA AVENUE AND CALLE BARCELONA IN LOCAL
FACILITIES MANAGEMENT ZONE 23.
CASE NAME: LA COSTA GLEN
CASE NO.: CUP 98-01
CONDITIONAL USE PERMIT, CUP 98-01, FOR THE
WHEREAS, Continuing Life Communities LLC., “Developer”, has filed a
verified application with the City of Carlsbad regarding property owned by Continuing Life
Communities LLC, “Owner”, describedas I
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Those portions of Section 35, Township 12 South, Range 4
West and Section 2, Township 13 South and 4 West, San
Bernardino Meridian in the City of Carlsbad, County of San
Diego, State of California, according to Ofllcial Plat thereof,
said property being more particularly described in Exhibit
.“An of Quitclaim Deed recorded March 28,1989 as File No. 89-
’
i l 157040 of Official Records of said San Diego County.,
* ,:* .. *I ..
(“the Property”); and
ai
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits “A” - “XXX” dated January 6, 1999, on file in the Carlsbad
Planning Department, LA COSTA GLEN CUP 98-01 , provided by Chapter 21.42 of the
Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on the 6th day of January, 1999,
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CUP 98-01.
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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 Commission N! LA COSTA GLEN CUP 98-01, based on the following findings
and subject to the following conditions:
Findings:
That the requested use is necessary or desirable for the development of the community, is
essentially in harmony with the various elements and objectives of the General Plan, and
is not detrimental to existing uses specifically permitted in the zone in which the
proposed use is located, in that a continuing care retirement community is considered
an alternative for the long-term residential, social, and health care needs of
California’s elderly residents, and a way to provide a continuum of care, to
minimize transfer trauma, and to allow for the provision of social and health care
services in an appropriately licensed setting:, The project is consistent with all the
requirements of Green Valley Master and Final Program EIR 92-03. The City
Council approvedIthe master plan in 1996 and made the finding that the Green
Valley Master Plan implements the General Plan and is consistent with the goals,
objectives, and policies of the General Plan. The project, through implementation
of the master plan, provides for the following: (1) the provision of the necessary
circulation element roadways and improvements (Levante Street, Calle Barcelona,
and El Camino Real); (2) the protection and enhancement of the wetland and
upland areas within open space lots; (3) the construction of a future public trail;
(4) the provisions for affordable housing; (5) implementation of the mitigation,
monitoring, and reporting program for Program ‘EIR 92-03; and, (6) ,compliance
with the Local Facilities Management Plan Zone 23 for public facilities and services.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the project meets or exceeds all City policies and the development standards of
the Green Valley Master Plan, including landscaping, pedestrian access, lot size and
coverage, setbacks, parking, building height, recreational open space, and
recreational vehicle storage space.
That all the yards, setbacks, walls, fences, landscaping, and other features necessary to
adjust the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that (1) the buildings are setback 35 feet from Calle
Barcelona; (2) the site has perimeter fencing/walls including chain link, masonry
block, and wrought iron; (3) extensive ornamental landscaping and native habitat
restoration is provided; and, (4) large areas of open space, topography, and Calle
Barcelona separate and buffer the site from surrounding residential, commercial,
and transportation land uses.
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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 onsite private streets meet all City
policies and standards including, backup distance, corner sight visibility, street
width, intersection spacing, and cul-de-sac length. The portions of Levante Street
and Calle Barcelona located within the site will be constructed, El Camino Real will
be widened along the project's frontage, and a landscaped center median will be
constructed.
Conditions; ..
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Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Conditional Use Permit document(s) necessary to make them
internally consistent and in conformity with final action on the project. Development
shall occur substantially as shown in the approved Exhibits. Any proposed development
different fiom this approval, shall require an amendment to this approval.
The Developer shall report, in writing, to the Planning Director within 30 days, any
address change fiom that which is shown on the conditional use permit application.
Approval of CUP 98-01 is canted subject to t&e approval of SDP 98-01 and CDP 98-04
and is subject to all conditions and code reminders contained in Planning Commission
Resolutions No. 4447 and 4448 for SDP 98-01 and CDP 98-04.
f ., ,- .I
This approval shall become null and void if building permits are not issued for this -. project within 24 months fiom the date of d project-approval. ,I I A " , yv ._ ~ I :\- .,".. ."', i'i If any of the foregoing conditions fail to occur; or if they de,'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 hrther condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation
to compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City's approval of
this site plan.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 6th day of January 1999 by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
BAILEY NOBLE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST: ' .s I.
j. t I
MICHAEL J. HOLZMILLER r .I
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Planning Director
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PC RES0 NO. 4449 -4-
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CITY OF CARLSBAD
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GROWTH MANAGEMENT PROGRAM
LOCAL FACILITIES IMPACTS ASSESSMENT FORM
(To be Submitted with Development Application)
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO: La Costa Glen - SDP 98-Ol/CL.JP 98-01
LOCAL FACILITY MANAGEMENT ZONE:
ZONING: PC
DEVELOPER’S NAME: Contlnulngfe Co-s
ADDRESS: 800 Mornlngside Dri ve. Fullerton. CA 97835
GENERAL PLAN: C/O/RMH /os
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PHONE NO.: NlA ASSESSOR’S PARCEL NO.:
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 55 ac /171 du
ESTIMATED COMPLETION DATE: N/A
A. City Administrative Facilities: Demand in Square Footage =
B. Library: Demand in Square Footage =
C. Wastewater Treatment Capacity (Calculate with J. Sewer)
D. Park: Demand in Acreage =
Demand in CFS =
.d ify Drainage Basin =
(Identify master plan facilities on site h
& F. . Circulation: t Demand in ADT =
(Identify Trip Distribution on site plan)
G. Fire: - Served by Fire Station No. =
H. Openspace: Acreage Provided =
I. Schools:
(Demands to be determined by staff)
J. Sewer: Demands in EDU
Identify Sub Basin =
(Identify trunk line(s) impacted on site plan)
+. -’ ’ K. -Water: Demand in GPD =
594.5
317
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PLANNING
LANO USE MEA DESCRIPTION -
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G
RECORDING REQUESTED BY:
City of Carlsbad
EXHIBIT 3
WHEN RECORDED MAIL TO:
City of Carlsbad
City Clerk's Office
Attn: Citv Clerk
1200 Carlsbad Village Drive
Carlsbad, California 92008
(Space above for Recorder's Use)
AFFORDABLE HOUSING AGREEMENT
THIS AFFORDABLE HOUSING AGREEMENT ("Agreement") is entered into this day of , 1999, by and between the CITY OF CARLSBAD, a municipal corporation (hereinafter referred to as the "City"), and Continuing Life Communities LLC., a California limited liability company
(hereinafter referred to as the "Developer").
RECITALS
A. Developer is the owner of certain real property in the City of Carlsbad, County of San
Diego, State of California, described in "Attachment A", which is attached hereto and incorporated herein by this reference, and which is the subject of a Site Development Plan (SDP98-Ol), a Coastal
Development Permit(CDP98-04) and a Conditional Use Permit (CUP98-01). The approval of the Site Development Plan, Coastal Development Permit and Conditional Use Permit provides conditional
approval of the construction of a continuing care retirement community for elderly residents and consists
of a health center with skilled care nursing, 71 assisted living suites, 33 personal care suites, three
buildings totaling 229 apartment units, 95 twidtownhomes and 76 detached single family homes.
B. The 95 twidtownhomes and 76 detached single family homes which are a portion of the
residential housing units, have been determined by the City Council to be subject to the affordable housing
requirements of the Green Valley Master Plan and the City's Inclusionary Housing Ordinance, Chapter
21.85 of the Carlsbad Municipal Code ("Project"). The City Council has determined that the living units
that are Professional Care/Commercial Living Facilities as defined by Carlsbad Municipal Code Section 21.04.093 (health center, 71 assisted living suites and 33 personal care suites) are not subject to the
requirements of the Inclusionary Housing Ordinance.
C. Condition No. 18 of Planning Commission Resolution No. 4447 states that this Affordable
Housing Agreement shall be entered into between the City and the Developer as a means of satisfying the
Developers' affordable housing obligation ("Affordable Housing Obligation"), as such is defined under Chapter 21.85 of the Carlsbad Municipal Code. Planning Commission Resolution No. 4447 provides that
the Affordable Housing Obligation of thirty and two-tenths (30.2) units will be satisfied by applying the requirements set forth in this Agreement.
NOW, THEREFORE, incorporating the foregoing Recitals and in consideration of the mutual
covenants contained herein, the parties agree as follows:
.
1. THE RECITALS ARE TRUE AND CORRECT.
2. SATISFACTION OF AFFORDABLE HOUSING REQUIREMENTS THROUGH
TRE PAYMENT OF AFFORDABLE HOUSING CREDITS.
(a) Performance under this Agreement satisfies the Developers’ obligation for affordable
housing under Chapter 2 1.85 of the Carlsbad Municipal Code as applied to the development covered by
Site Development Plan No. SDP98-01, Coastal Development Permit No. CDP98-04, and Conditional Use
Permit No. CUP98-01 by reason of the approvals of the Site Development Plan, Coastal Development
Plan, and Conditional Use Permit, including Condition No. 18 listed in Planning Commission Resolution
No. 4447 and any other applicable condition of approval.
(b) The Developer shall pay for thirty and two-tenths (30.2) Affordable Housing Credits
(“Credits”) as established by the City and as required by Condition No. 18 of Planning Commission
Resolution No. 4447. Payment for the Credits may be made as each building permit is obtained for the
Project. The total purchase price for the Credits required will be divided by the total number of units
determined to be subject to the inclusionary requirement by the City of Carlsbad that are located within the
Project, and paid per individual building permit obtained for each of those units within the Project. If the
total number of such units decreases, the total purchase price for the housing credits will decrease
accordingly. The housing credits shall be purchased at the price in effect at the time a building permit is
requested for a residential unit subject to the Conditions of this Agreement. The developer shall be
responsible for any increase in the housing credit amount at the time each credit is actually purchased.
3. REMEDIES
Failure by the Developer to perform in accordance with this Agreement will constitute failure to
satisfy the requirements of Chapter 21.85 of the Carlsbad Municipal Code and Condition No. 18 of
Planning Commission Resolution No. 4447. Such failure will allow the City to exercise any and all
remedies available to it including but not limited to withholding the issuance of building permits for the
lots shown on Site Development Plan (SDP98-01) a Coastal Development Permit(CDP98-04) and a
Conditional Use Permit (CUP98-01).
4. HOLD HARMLESS
Developer will indemnity and hold harmless (without limit as to amount) City and its elected
officials, officers, employees and agents in their official capacity (hereinafter collectively referred to as
“Indemnitees”), and any of them, from and against all loss, all risk of loss and all damage (including
expense) sustained or incurred because of or by reason of any and all claims, demands, suits, actions,
judgments and executions for damages of any and every kind and by whomever and whoever made on,
obtained, allegedly caused by, arising out of or relating in any manner to Developers’ actions or defaults
pursuant to this Agreement, and shall protect and defend Indemnitees, and any of them with respect
thereto. Developer shall obtain, at its expense, comprehensive general liability insurance for development
of the Subject Property naming Indemnitees as additional named insureds with aggregate limits of not less
than five million dollars($5,000,000), for bodily injury and death and property damage, including
coverages for contractual liability and products and completed operations, purchased by the Developer
from an insurance company duly licensed to engage in the business of issuing such insurance in the State
of California, with a current Best’s Key Rating of not less than A-:V, such insurance to be evidenced by an
endorsement which so provides and delivered to the City Clerk prior to the issuance of any building permit
for the Project.
.
5. NOTICES
All notices required pursuant to this Agreement shall be in writing and may be given by personal
delivery or by registered or certified mail, return receipt requested to the party to receive such notice at the
address set forth below:
TO THE CITY:
City of Carlsbad
Housing and Redevelopment Department
Attn: Housing & Redevelopment Director
2965 Roosevelt Street, Suite B
Carlsbad, California 92008-2389
TO THE DEVELOPER:
Richard D. Aschenbrenner
Chief Executive Officer
Continuing Life Communities LLC
7707 El Camino Real
Carlsbad, CA 92009
Any party may change the address to which notices are to be sent by notifying the other parties of the new
address, in the manner set forth above.
6. RESERVATION OF CREDITS
The City will reserve 30.2 Villa Loma Affordable Housing Credits exclusively for the La Costa
Glen project for a period not to exceed two (2) years from the date that the City Council approves purchase
of the Villa Loma housing credits for the La Costa Glen project. If the credits are not purchased for the La
Costa Glen project within the 2 year reservation period, the credits will be released and then made
available for purchase on a first come, first served basis. If the Developer has not completed the housing
units subject to the inclusionary requirement, the credits are released, and no credits are available for
purchase, then, Continuing Life Communities shall be permitted to make a payment in an amount equal to
the housing credit price in effect at the time the last housing credit is purchased by a developer.
7. DURATION OF AGREEMENT
This Agreement shall terminate and become null and void upon the final purchase or payment of
the Affordable Housing Credits, or the retroactive repeal, termination, or modification of any applicable
law or ordinance which act would render the Affordable Housing Obligation unnecessary or
unenforceable.
8. SUCCESSORS
This Agreement shall benefit and bind the Developer and any successive owners of Affordable
Housing Lots.
9. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties and no modification hereof shall be
binding unless reduced to writing and signed by the parties hereto.
10. SEVERABIlLITY
In the event any provision contained in this Agreement is to be held invalid, void or unenforceable
by any court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless, be
and remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the
day and year first above written.
DEVELOPER CITY
Continuing Life Communities LLC.,
a California limited liability company
City of Carlsbad, a municipal corporation
By: By:
Richard D. Aschenbrenner MARTIN ORENYAK
Chief Executive Officer Community Development Director
APPROVED AS TO FORM:
RONALD R. BALL
CITY ATTORNEY
ATTACHMENT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY
L
EXHIBIT 4
LA COSTA GLEN
SDP 98-OIICUP 98-01/CDP 98-04
EXHIBIT 5
Carlsbad Municipal Code
Chapter 21.04.295 - Professional care facility.
Professional care facility" means 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.