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HomeMy WebLinkAboutCUP 255; Villas de Carlsbad; Conditional Use Permit (CUP)REQUEST ^jione Change •General Plan Amendment •"1 Tentative Tract Map •Planned Unit Development iltfejor Condondnium Pennit •Minor Condominium Permit •Master Plan •Major Condominium Conversion •i^lajor Redevelopment Permit (check other boxes if appropriate) •Minor Redevelopment Permit •Precise Development Plan •Specific Plan •Site DevelopTient Plan ^Conditional Use Permit •Variance •Planning Coimnission Determination • Special Use Permit •Administrative Variance Complete Description of Project (attach additional sheets if necessary) Refer to attached letter from user Ijocation of Project The project is located at the North side of Laguna Dr. and the South'side nf Knowles Ave., as both street.s run intn Tn^-pr<:^^a^-P Legal Description (conplete) see attached Assessors Parcel Number 155-272-17 Zone R-3 General Plan RMH (10-20) Existing Land Use Vacant Proposed Zone Proposed General Plan Site Acreage 4.6352 Oi'Tner /^plicant Name (Print or Type) Villas de Carlsbad, Ltd. Mailing Address 1060 Eighth Ave., Suite 405 Naire (Print or I'ype) Sillman/WyrTian & Associates Mailing Address 9373 Hazard Way, Suite 204 City arid State Zip Itelephone San Diego, CA 92101 234-4326 City and State San Diego, CA 92123 Zip Telephone "560-0944 I CERTIFY amT I AM THE LEGAL OWNER At© THAT ALL TOE ABOVE INiFDRMATIOM IS TRUE AMD CORRECT TO THE BEST OF MY KNOWLEDGE, SIGNATURE Date Application Rec'd Recreiveo B\ I CERrriFY THAT I AM THE OvNER'S REPRESENTATIVE MsD TELAT ALI, THE ABOVE INPORMATIQ'^" IS TRUE AND CORRECT TO THE BEST OF MY KNCWIEDGE. /DATE .6/6.4/ J_ ,^^13 f)£ii 3 Application Roc'd { Statt Assignee ceived^y 'J/syaT Case i^ ^OJLL NtamBer i i20(ml CITrOF-GARjAAD M AVENUE • CARLSB^^ALIFORNIA 92008 f ( RECEIVED FROfc ADDRESS 438-5551 ( RECEIVED FROfc ADDRESS A/C. NO. DESCRIPTION AMOUNT oi-f Ps^ ^ / A /7rT —• 40396 ^-^^^ TOTAw 3"(^ If aftar the information you have submitted, has Been reviewed, it is determined that further information ^required, you will be so advjg AGENT: MEHBEBS t APPLICANT: Villas de Carlsbad, Ltd. Name .(individual, partnership, joint venture, corporation, syndication) 1060 Eighth'Ave., Ste. 405, San Diego, CA 92101 • Business Address . ?34-431,fi Telephone Nuxaber Sillman/Wyman &-Associates Ncuae 10671 Roselle St., Ste. 200, San Diego, CA 92121' Business Address 453-43^0. Telephone Number See Attached. Name -(individual, partner, joint venture, corporation, syndication) Eome i'.ddress Business Address Telephone N'jaber Telephone Number Naxae Eome Address Business Address Teiephone Nuabar Telephone Jiujnbcr (Attach more sheets if necessary) I/We declare under penalty of perjury that the information contained in this dis- closure is true and correct and that it will remain true and. correct and may be* relied upon as being true and correct until amended. Villas de Car'lsbad. Ltd. Applicant Agent, 0-..*ner,i m THIRD AMENDMENT TO LIMITED PARTNERSHIP AGREEMENT OF VILLAS DE CARLSBAD, LTD. (formerly known as Kearny Villa Way, Ltd.) This AMENDMENT is made as of this 15th day of May, 1984, by and between WILLIAM M. CHANCE. RONALD J. McELLIOTT and DANIEL A. MORIARTY, all of which are hereinafter called the "General Partner" without regard to number or gender, and those persons listed on Exhibit "A" attached hereto and by this reference made a part hereof, as the Limited Partners, and is based on the following facts: A. On or about November 28, 1979, the Partners of this Partnership, or their predecessors in interest, executed the Limited Partnership Agreement of Kearny Villa Way, Ltd.-, a California Limited Partnership. B. On or about September 17, 1980, the Partners of this Partnership, or their predecessors in interest, executed the First Amendment to Limited Partnership Agreement of Kearny Villa Way, Ltd.. C. On or about August 24, 1981, the Partners of this Partnership, or their predecessors in interest, executed the Second Amendment to Limited Partnership Agreement of Kearny Villa Way, Ltd.. THE PARTIES HERETO AGREE as follows: 1. Paragraph 1 of the Limited Partnership Agreement is hereby deleted in its entirety and replaced with Paragraph 1: "1. FIRM NAME AND PLACE OF BUSINESS. The firm name of the Partnership shall be VILLAS DE CARLSBAD, LTD.. The General Partners, in their discretion, may change the firm name at any time. The principal place of business is 1060 Eighth Avenue, Suite 405, San Diego, CA 92101." 2. Subparagraph 2.7 of the Limited Partnership Agreement is hereby deleted in its entirety and replaced with Subparagraph 2.7: "2.7 "Property" shall mean that certain unimproved real property consisting of approximately 4.6 acres located in the City of Carlsbad, County of San Diego, California, and is more particularly described in Exhibit "B" attached hereto and by this reference made a part hereof." -1- 3. Paragraph 3 of the Limited Partnership Agreement is hereby deleted in its entirety and replaced with Paragraph 3: "3. PURPOSE. The primary purpose (character of business) of the Partnership is to (a) develop certain property, acquired in a Section 1031 eschange, with a continuing care retirement facility, and (b) operate and maintain said facility." 4. Except as hereinabove expressly amended, the Limited Partnership Agreement is hereby ratified and confirmed. IN WITNESS WHEREOF, the parties hereto ha-e set their hands on the day and year first set forth above. GENERAL PARTNERS: RONALD J DANIEL A. MORIARTY j/^ LIMITED PARTNERS: JOAN MELAND AWES, PATRICK D. BURKE, JOHN A. CRYAN, JUDITH U. CRYAN, DANIEL A. MORIARTY, CLU, INCORPORATED, WALTER W. DOREN, Trustee for W. W. Doren, M.D., Inc., Employees Pension Trust Fund, JOSEPH E. DORSCH, JOSEPHINE M. DORSCH, FIEL-REGATTA INV., CURTIS W. HAMILTON, BYONG MOK KIM, CURTIS ALLEN LINDBERG or JOYCE HARRIET LINDBERG, as Trustees of the Lindberg Family Trust dated October 26, 1974, FIELDER K. LUTES, JULIAN D. MELAND and GRETCHEN L. MELAND, Trustees u/d/t dated August 11, 1976, for the Benefit of Gretchen L. Meland, Trustee, JULIAN D. MELAND and GRETCHEN L. MELAND, Trustees u/d/t dated July 27, 1976, for the Benefit of Julian D. Meland, Trustee, ANOUSH MIRIDJANIAN TRUST OF 1975, California First Bank, La Jolla, Trustee, RICHARD B. NEWMAN, MARY A. NEWMAN, MURIEL PATCHEN, R & K DEVELOPMENT, INC., ALLEN KONG SAIGET, ESTHER LAU SAIGET, U. S. G. SHARP, LAWRENCE M. SILVER, SUE S. SILVER and URBAN FINANCIAL CORPORATIOI^ by their Attorneys-in-fact_ DANIEL A. MORIARTY -2- EXHIBIT "B' All of the West Half of the Southwest Quarter of the Northeast Quarter of the Northwest Quarter and that portion of the East Half of the Southeast Quarter of the Northwest Quarter of the Northwest Quarter of Section 6, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of Califomia, according to the Official Plat thereof, lying Westerly and Southwesterly of the Southwesterly line of the land described in deed to the State of California. First American Title Insurance Company 411 IVY STREET, (P.O. BOX 808) SAN DIEGO, CALIFORNIA 92101 • (619)238-1776 July 13, 1984 INCOME PROPERTY GROUP 1060 Eighth Avenue, Suite 405 San Diego, CA 92101 ATTN: JANET Your No. Our Order No. 860286-5 In response to the above referenced application for a policy of title Instirance, this Company hereby reports that it Is prepared to Issue, or cause to be Issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or Interest therein hereinafter set forth. Insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth In Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which Issued this report. This report (and any supplements or amendments hereto) Is Issued solely for the purpose of facilitating the issuance of a policy of title Insurance aiKi no liability is assumed hereby. If It is desired that liability be assumed prior to the Issuance of a policy of title Insurance, a Binder or Commitment should be requested. Dated as of July 2, 1984 at 7:30 a.m. W.N. ASHCRAFT/cl TITLE OFFICER The form of policy title Insurance contemplated by this report is: pj^ Title to said estate or interest at the date hereof Is vested in: KEARNY VILLA WAY, LTD., a California Limited Partnership The estate or Interest in the land hereinafter described or referred to covered by this Report is: FEE The land referred to herein is described as follows: SEE LEGAL DESCRIPTION At the date hereof exceptions to coverage in addition to tl^e printed exceptions and exclusions contained in said policy form would be as follows: SEE FOLLOWING PAGES ATTACHED ORDER NO. 860286-6 PAGE NO. 2 At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: 1. General and Special taxes for the fiscal year 1984-85, a lien, not yet payable. 2. The lien of supplemental taxes assessed pursuant to Chapter 498, Statutes of 1983 of the State of California. 3. The fact that the ownership of said land does not include any rights of ingress or egress to or from freeway, adjacent thereto said rights having been relinquished by Deed recorded February 13, 1952 in Book 4370, page 511 of Official Records. 4. An easement for either or both pole lines, underground conduits and incidental purposes together with the right of ingress and egress in favor of San Diego Gas and Electric Company by instrument recorded December 30, 1968 as File No. 228131 of Official Records, described as follows: That certain strip of land 4.00 feet in width, being 2.00 feet on each side of the following described center line: Commencing at the Northeast corner of Tract No. 117 of Carlsbad Lands, according to Map thereof No. 1661, filed in the Office of the County recorder of San Diego County; thence North 89''25'23" West along the Northerly line of said Tract 117, a distance of 650.09 feet; thence leaving said Northerly line North 73°12'23" West, 175.80 feet; thence South 88''39'22" West, 341.98 feet to the TRUE POINT OF BEGINNING of the center line of right of way herein described; thence from said TRUE POINT OF BEGINNING North 18''02'38" West, 25.00 feet. EXECEPTING from the above described right of way any portion thereof not lying with the above described lands of the Grantor herein. Reference is made to said instrument for further particulars. 5. The fact that the ownership of said land does not Include any rights of ingress or egress to or from freeway, adjacent thereto said rights having been relinquished by deed recorded June 12, 1970 as File No. 101788 of Official Records. 6. A Deed of Trust to secure an indebtedness in the original principal sum of §475,OOU.UU and any other amounts and/or bbligations secured thereby, recorded September 2, 1979 as File No. 79-395600 of Official Records. DATED: September 14, 1979 TRUSTOR: CHOWS' DEVELOPMENT INC., a California corporation, KER KONG TUNG, CHI SHINE TAO, YUNG CHUI A. CHEN, KER HWA TUNG, KEN LIN TAO, TERESA CHANG AND THOMAS CHANG TRUSTEE: SAFECO TITLE INSURANCE COMPANY, a California corporation BENEFICIARY: PAUL R. NOBLE, Trustee for the Benefit of James C. Statser, Jr. under Declaration of Trust dated August 1, 1979 ORDER NO. 86U286-6 JAGE NO, 3 The beneficial interest under said Deed of Trust was assigned to SECURITY PACIFIC NATIONAL BANK, by assignment recorded August 4, 1983 as File No. 83-270255 of Official Records. 7. A Deed of Trust to secure an indebtedness in the original principal sum of $590,000.00, and any other amounts and/or obligations secured thereby, recorded June 9, 1980 as File No. 80-183809 of Official Records. DATED: June 3, 1980 TRUSTOR: WINNERS' INVESTMENT GROUP NO. 2, a limited partnership TRUSTEE: SAFECO TITLE INSURANCE COMPANY, a California corporation BENEFICIARY: CHOWS' DEVELOPMENT, INC., a California corporation as to an undivided 30.556% interest; KER-KONG TUNG, a single man, and KER-HWA TUNG, a married woman as her sole and separate property, brother and sister as joint tenants, as to an undivided 25.000% interest; CHI-SHINE TAO and KEN-LIN TAO, husband and wife as joint tenants, as to an undivided 22.222% interest; CHIKUANG CHEN, a single man and YUNG-CHIU A. CHEN, an unmarried woman, brother and sister as joint tenants, as to an undivided 11.111% interest; THOMAS CHANG AND TERESA CHANG, husband and wife as joint tenants, as to an undivided 11.111% interest, all as tenants in common The beneficial interest under said Deed of Trust was assigned to GOR LAN- YA CHEN, a widow, by assignment recorded September 26, 1980 as File No. 80-313235 of Official Records. 8. A Deed of Trust to secure an indebtedness in the original principal sum of $50,000.00, recorded October 19, 1983 as File No. 83-377222 of Official Records. DATED: October 11, 1983 TRUSTOR: KEARNY VILLA WAY, LTD., a California Limited Partnerhip TRUSTEE: SAFECO TITLE INSURANCE COMPANY, a California corporation BENEFICIARY: INCOME PROPERTY GROUP COMMERICAL INVESTMENT SERVICES, a California general partnership. LEGAL DESCRIPTION ORDER NO. 860286-6 The land referred to herein is situated in the State of California, County of San Diego, and is described as follows: All of the West Half of the Southwest Quarter of the Northeast Quarter of the Northwest Quarter and that portion of the East Half of the Southeast Quarter of the Northwest Quarter of the Northwest Quarter of Section 6, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the Official Plat thereof, lying Westerly and Southwesterly of the Southwesterly line of the land described in deed to the State of California, recorded June 12, 1970 as File No. 70-101788 of Official Records. RECORDING REQUESTt^r, WHEN RECORDED MAIL TO: AND 640 Mr. William M. Chance VILLAS DE CARLSBAD, LTD. 1060 Eighth Avenue, Suite San Diego, CA 92101 405 8<t-i8S5-18 I RECOnDED IN OFFICIAL RECORDS I OF SAH DltGOCCUMIY.C; IS8li HAY IS PH 3:5a I CO VERA L ' Yi E COUNTY RCCOF.DER THIRD AMENDMENT TO CERTIFICATE OF LIMITED PARTNERSHIP OF VILLAS DE CARLSBAD, LTD. (former^ly known as Kearny Villa Way, Ltd.) The undersigned, having formed a limited partnership under the Uniform Limited Partnership Act, as set forth in Title 2, Chapter 2 of the California Corporations Code, and having recorded a Certificate of Limited Partnership as Instrument/File No. 79-512759 in the Official Records of San Diego County, California, on December 6, 1979, having recorded the First Amendment to Certificate of Limited Partnership as Instrument/File No. 80-308169 in the Official Records of San Diego County, California, on September 23, 1980, and having recorded the Second Amendment to Certificate of Limited Partnership as Instrument/ File No. 81-278570 in the Official Records of San Diego County, California, on August 31, 1981, hereby further amend said Certificate of Limited Partnership as follows: 1. Paragraph 1 of the Certificate of Limited Partnership is hereby deleted in its entirety and replaced with Paragraph 1: "1. The name of the Partnership shall be VILLAS DE CARLSBAD, LTD.." 2. Paragraph 2 of the Certificate of Limited Partnership is hereby deleted in its entirety and replaced with Paragraph 2: "2. The character of the business of the Partnership is to (a) develop certain property, acquired in a Section 1031 exchange, with a continuing care retirement facility, and (b) operate and maintain said facility." 3. Paragraph 3 of the Certificate of Limited Partnership is hereby deleted in its entirety and replaced with Paragraph 3: "3. The location of the principal place of business of the Partnership shall be 1060 Eighth Avenue, Suite 405, San Diego, California 92101." 4. Except as hereinabove expressly amended, the Certificate of Limited Partnership is hereby ratified and confirmed. RF T - MG / - •1- 641 IN WITNESS WHEREOF, we have hereto set our hands this 15th day of May, 1984. GENERAL PARTNERS: LIMITED PARTNERS: RCjNALD •DANIEL A. MORIARTY JOAN MELAND AWES, PATRICK D. BURKE, JOHN A. CRYAN, JUDITH U. CRYAN, DANIEL A. MORIARTY, CLU, INCORPORATED, WALTER W. DOREN, Trustee for W. W. Doren, M.D., Inc., Employees Pension Trust Fund, JOSEPH E. DORSCH, JOSEPHINE M. DORSCH, FIEL-REGAHA INV., CURTIS W. HAMILTON, BYONG MOK KIM, CURTIS ALLEN LINDBERG or JOYCE HARRIET LINDBERG, as Trustees of the Lindberg Family Trust dated October 26, 1974, FIELDER K. LUTES, JULIAN D. MELAND and GRETCHEN L. MELAND, Trustees u/d/t dated August 11, 1976, for the Benefit of Gretchen L. Meland, Trustee, JULIAN D. MELAND and GRETCHEN L. MELAND, Trustees u/d/t dated July 27, 1976, for the Benefit of Julian D. Meland, Trustee, ANOUSH MIRIDJANIAN TRUST OF 1975, California First Bank, La Jolla, Trustee, RICHARD B. NEWMAN, MARY A. NEWMAN, MURIEL PATCHEN, R & K DEVELOPMENT, INC., ALLEN KONG SAIGET, ESTHER LAU SAIGET, U. S..G. SHARP, LAWRENCE M. SILVER, SUE S. SILVER and URBAN FINANCIAL CORPORATION, by their Attorneys-in-fact DANIEL A. MORIARTY .0. 642 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ) ss: On May 15 1984, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM M. CHANCE, DANIEL A. MORIARTY and RONALD J. McELLIOH, known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. WITNESS my hand and official seal. OFRQAL SEAL JANET K. KRUGER Notary Public-Calltomli SAN DIEQO COUNTY My Comm. Exp. Mw. 4,1967 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ) ss; On May 15 , 1984, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM M. CHANCE, RONALD J. McELLIOH and DANIEL A. MORIARTY, known to me to be the persons whose names are subscribed to the within instrument as the Attorneys-in-fact of JOAN MELAND AWES, PATRICK D. BURKE, JOHN A. CRYAN, JUDITH U. CRYAN, DANIEL A. MORIARTY, CLU, INCORPORATED, WALTER W. DOREN, Trustee for W. W. Doren, M.D., Inc., Employee's Pension Trust Fund, JOSEPH E. DORSCH, JOSEPHINE M. DORSCH, FIEL-REGATTA INV., CURTIS W. HAMILTON, BYONG MOK KIM, CURTIS ALLEN LINDBERG or JOYCE HARRIET LINDBERG, as Trustees of the Lindberg Family Trust dated October 26, 1974, FIELDER K. LUTES, JULIAN D. MELAND and GRETCHEN L. MELAND, Trustees u.d.t dated August 11, 1976, for the Benefit of Gretchen L. Meland, Trustee, JULIAN D. MELAND and GRETCHEN L. MELAND, Trustees u/d/t dated July 27, 1976, for the Benefit of Julian D. Meland, Trustee, ANOUSH MIRIDJANIAN TRUST OF 1975, California First Bank, La Jolla, Trustee, RICHARD B. NEWMAN, MARY A. NEWMAN, MURIEL PATCHEN, R & K DEVELOPMENT, INC., ALLEN KONG SAIGET, ESTHER LAU SAIGET, U. S. G. SHARP, LAWRENCE M. SILVER, SUE S. SILVER and URBAN FINANCIAL CORPORATION, and acknowledged to me that they executed the same as such attorneys-in-fact. WITNESS my hand and official seal. OFRaAL SEAL JANET K. KRUGER Notary PubUc-CaUfomia SAN OIEGO COUNTS My Comm. Exp. Mar. 4,1967 r tEGAL DESCRIPTION ORDER NO. 878695-2 The land referred to herein is situated in the State of California, County of San Diego, and is described as follows: All of the West Half of the Southwest Quarter of the Northeast Quarter of the Northwest Quarter and that portion of the East Half of the Southeast Quarter of the Northwest Quarter of the Northwest Quarter of Section 6, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the Official Plat thereof, lying Westerly and Southwesterly of the Southwesterly line of the land described in Deed to the State of California, recorded June 12, 1970 as File No. 101788 of Official Records. fs/ep/jmc/bk • 9 Carlsbad Joumal Decreed a Legal Newspaper by the Superior Court of San Diego County 3138 ROOSEVELT ST. • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 Proof of Publication STATE OF CALIFORNIA, js. COUNTY OF SAN DIEGO, I cm a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad JOUmal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: NOTICE OF PUBLIC HEARING - NOTICE IS HEREBY GIVEN that the Planning Commission of the pity of Carlsbad will hold a public jiearing at the City Council Cham- .bers. 1200 Elm Avenue. Carlsbad, •California, at 6.00 p.m. on Wednes- day. January 9. 1985. to consider approval of a Conditional Use Per- 'mit to allow development of a 91 unrt senior citizen apartment proj- ect on property generally located on a 4.68 acre through lot on the north side nf Laguna Drive, south side of Knowles Avenue and west sideofI-5and more particularly de- scribed as: • All ofthe West Half of the South- west Quarter ofthe Northeast Quar- ter of the Northwest Quarter and that portion ofthe East Half of the Southeast Quarter ofthe Northwest Quarter of the Northwest Quarter of Section 6. Township 12 South. Range 4 West, San Bernardino Base and Meridian, in theijity of Carls- bad, County of San Diego, State of California, accbrding to the Official Plat thereof, lyin^ Westerly and Southwesterly ofthe Southwesterly line of the land described in Deed to the State of California, recorded June 12, 1970 as File No. 101788 of Official Records. Those persons wishing to speak on this proposal are cordially in- vited to attend the public hearing. If you have any questions, please call the Land Use Planning bffice at 438-5591. Case File: CUP-255 Applicant: Villas de Carlsbad CITY OF CARLSBAD PLANNING COMMISSION I VILLAS DE CARLSBAD CUP-255 December 2 9 19. 19 19 19 19 84 I certify under penalty of perjury that the foregoing is true and correct Executed at Carlsbad,-Qpunty of San Diego, State of California on ^"-^ '^^^^ Clerk of the Printer CJ S639: December 29. 1984 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:00 p.m. on Wednesday, January 9, 1985, to consider approval of a Conditional Use Permit to allow developnent of a 91 unit senior citizen apartinent project on property generally located on a 4.68 acre through lot on the north side of Laguna Drive, south side of Knowles Avenue and west side of 1-5 and more particularly described as: All of the West Half of the Southwest Quarter of the Northeast Quarter of the Northwest Quarter and that portion of the East Half of the Southeast Quarter of the Northwest Quarter of the Northwest Quarter of Section 6, Township 12 South, Range 4 West, San Bemardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the Official Plat thereof, lying Westerly and Southwesterly of the Southwesterly line of the land described in Deed to the State of Califomia, recorded June 12, 1970 as Pile No. 101788 of Official Records. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. If you have any questions please call the Land Use Planning Office at 438-5591. CASE FILE: APPLICANT: PUBLISH: CUP-255 Villas de Carlsbad December 29, 1984 CITY OF CARLSBAD PLANNING GOMMISSION \ LAS BUENA VISTA |wA^\ ui \\ 1-> \\ m < w z o C/J KNOWLES cc 1 LU 1 »•:•:•:•:•:•:•!% 1^ % LL LL DAVIS J 1 jJC\\ LU PL -v^/co •:•:•:• :-j^jj^:.^k \ J -5 B % 1 LAGUNA r DR| V SITE VILLAS DE CARLSBAD \ CUP-255 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:00 p.m. on Tuesday, November 20, 1984, to consider ^proval of a Conditional Use Permit to allow development of a 91 unit senior citizen apartment project on prcperty generally located on a 4.68 acre through lot on the north side of Laguna Drive, south side of Knowles Avenue and west side of 1-5 and more particularly described as: All of the West Half of the Southwest Quarter of the Northeast Quarter of the Nort±west Quarter and that portion of the East Half of the Sout±east Quarter of the Northwest Quarter of the Northwest Quarter of Section 6, Ibwnship 12 South, Range 4 West, San Bemardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the Official Plat thereof, lying Westerly and Southwesterly of the Southwesterly line of the land described in Deed to the State of California, recorded June 12, 1970 as File No. 101788 of Official Records. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. If you have any questions please call the Land Use Planning Office at 438-5591. CASE FILE: APPLICANT: PUBLISH: CUP-255 Villas de Carlsbad CITY CF CARLSBAD CITY COUNCIL LOCATION MAP BUENA VILLAS DE CARLSBAD | CUP-aSS Carlsbad Journal Decreed o Legal Newspaper by the Superior Court of San Diego County 31 38 ROOSEVELT ST. • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 Proof of Publication STATE OF CALIFORNIA, js. COUNTY OF SAN DIEGO, ^\0' I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am princi pal clerk of the printer of the CaMsbad JOUmal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: NEGATIVE DECLARATION PROJECT ADDRESS/LOCA- TION: A through lot on the west side of 1-5 between Laguna Drive and Knowles Avenue. PROJECT DESCRIPTION: A Con- ditional Use Permit to allow con-struction of a 91 unit senior apart-ment project on 4.8 acres. The City of Carlsbad has con- ducted an environmental review of the above described project pur- suant to the Guidelines tor Imple-mentation of the California Envi-ronmental Quality Act and the En-vironmental Protection Ordinance ofthe City of Carlsbad. As » result of said review, a Negative Declara-tion (declaration that the project will not have a significant impact on the environment) is hereby issued forthe subject project Justi-fication tor this action is on file in the Land Use Planning OfTice. A copy of the Negative Declara- tion with supportive documents is on Hie in the Land Ute Planning Office, City Hail, 1200 Elm Avenue, Carlsbad. CA. 92008, Comments from the public are invited. Please submit commente in writing to the Land Use Planning OfHce within ten (10) days of date of issuance. Dated: September 26,1984 Case No: CUP-255 . Applicant: Villas de Carlsbad MICHAEL J. HOLZMILLER Land Use Planning Manager CJ S326: September 26,1984 ?ptember 26 84 19 19. . . 19. 19 . I certify under penalty of perjury that the foregoing is true and correct Executed at Caflsbad, County of San Diego, '^m^^ev/'^h — 2M-4/82 Clerk FPrinter DEVELOPMENTAL SERVICES LAND USE PLANNING OFFICE % 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008-1989 (619) 438-5591 Citj) of Carlsibab NEGATIVE EECLARATIOsr PROOECT ADDRESS/LOCATIO!!: A through lot on the west side of 1-5 between Laguna Drive and Knc^les Avenue. PROOECT EESCRIPTION: A Conditional Use Pennit to allow construction of a 91 unit senior ^)artitient project on 4.6 acres. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines fbr Inplementation of the Califomia Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significcint impact on the environment) is herday issued for the subject project. Justification for this action is on file in the Land Use Planning Office. A copy of the Negative Declaration with supportive documents is on file in the Land Use Planning Office, City Hall, 1200 Elm Avenue, Carlsbad, GA. 92008. Conments frcxa the public are invited. Please submit aanments in writing to the Land Use Planning Office within ten (10) days of date of issuance. DATED: September 26, 1984 CASE NO: CUP-255 APPLICANT: Villas de Carlsbad PUBLISH DATE: Septariber 26, 1984 MICHAEL J. H^ZMII Land Use Planning Manager ND-4 5/81 FEE: $1-&«- RECEIPT NO: 'R9Ci ENVIRONMENTAL IMPACT ASSESSMENT FORM - Part I (To Be Completed by APPLICANT) CASE NO: DATE: /^i Appl icant: Villas .de Carlsbad. I tH. Address of Applicant: ipgn Fighth flv^ , ^n\\r^ 4nR San Diego, CA 92101 Phone Number: ( 619 ) 234-4316 Name, address and phone number of person to be contacted (if other than Applicant): Sillman/Wyman & Associates, 9373 Hazard Way, Ste.204, San Diego, CA 92123 GENERAL INFORMATION: Description of Project: Refer to attached letter from user Project Location/Address: The project is located at the North side of the end of Laguna Dr. & the South side of the end of Knowles Ave., as both run into Interstate 5. Assessor Parcel Number: 155 - 272 - 17 Zone of Subject Property: _R3 Proposed Use of Site: Senior Housing Project List all other applicable applications related to this project: None other are applicable • " 2. Describe the activity area, including distiguishing natural and man- made characteristics; also provide precise slope analysis when appropriate. The activity areas will be comprised of a number of different recreational amenities (i.e. spa, lawn bowling, shuffleboard, putting green, meandering walking paths and streams with reflecting fish ponds and quiet areas). Surrounding the project will be a carefully landscaped sound/security/visual buffer made up of a combination of screen walls, planted berms with trees, shrubs, ground cover and lawn. 3. Describe energy conservation measures incorporated into the design and/or operation of the project. Each building will be constructed in compliance with the latest energy standards. Units located adjacent to the freeway will be provided with additional methods of maintaining noise reduction (i.e. multiple glazing, sound insulation and absorption materials, etc.) which will also help to provide additional energy savings. The location of trees and other planting will also be used as a method of passive design. 4. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected. 5. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities. 6. If industrial, indicate type, estimated employment per shift, and loading facilities. 7. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. -2- I. ENVIRONMENTAL IMPACT ANALYSIS Answer the following questions by placing a check in the appropriate space. (Discuss all items checked "yes". Attach additional sheets as necessary.) YES NO 1) Could the project significantly change present land uses in the vicinity of the activity? 2) Could the activity affect the use of a recreational area, or area of important aesthetic value? 3) Could the activity affect the functioning of an established community or neighborhood? 4) Could the activity result in the displacement of community residents? 5) Could the activity increase the number of low and modest cost housing units in the city?. 6) Could the activity decrease the number of low and modest cost housing units in the city? 7) Are any of the natural or man-made features in the activity area unique, that is, not found in other parts of the county, state or nation? 8) Could the activity significantly affect an historical or archaeological site or its settings? 9) Could the activity significantly affect the potential use, extraction, or conservation of a scarce natural resource? 10) Does the activity significantly affect the potential use, extraction, or conservation of a scarce natural resource? 11) Could the activity significantly affect fish, wildlife or plant life? 12) Are there any rare or endangered plant species in the activity area? 13) Could the activity change existing features of any of the city's lagoons, bays, or tidelands? 14) Could the activity change existing features of any of the city's beaches? 15) Could the activity result in the erosion or elimination of agricultural lands? 16) Could the activity serve to encourage development of presently undeveloped areas or intensify develop- ment of already developed areas? -3- YES NO 17) Will the activity require a variance from established environmental standards (air, water, noise, etc.)? 18) Will the activity require certification, authoriza- tion or issuance of a permit by any local, state or federal environmental control agency? 19) Will the activity require issuance of a variance or conditional use permit by the City? 20) Will the activity involve the application, use, or disposal of potentially hazardous materials? 21) Will the activity involve construction pf facilities in a flood plain? 22) Will the activity involve construction of facilities in the area of an active fault? 23) Will the activity involve construction of facilities on a slope of 25 percent or greater? 24) Could the activity result in the generation of significant amounts of noise? 25) Could the activity result in the generation of significant amounts of dust? 26) Will the activity involve the burning of brush, trees, or other materials? 27) Could the activity result in a significant change in the quality of any portion of the region's air or water resources? (Should note surface, ground water, off-shore.) 28) Will the project substantially increase fuel consumption (electricity, oil, natural gas, etc.)? 29) Will there be a significant change to existing land form? (a) Indicate estimated grading to be done in cubic yards: . (b) Percentage of alteration to the present land form: . • (c) Maximum height of cut or fill slopes: 30) Will the activity result in substantial increases in the use of utilities, sewers, drains or streets? 31) Is the activity carried out as part of a larger project or series of projects? -4- .11. STATEMENT OF NON-SIGNIFICANT ENVIRONMENTAL EFFECTS If you have answered yes to one or more of the questions in Section I but you think the activity will have no significant environmental effects, indicate your reasons below: The conditional use permit as required is merely due to the "senior" type of housing proposed. We feel this should not sagnfficantly(-effect the surrounding environment as this area is already zoned for multiple housing projects. The amount of grading proposed for this project will in no way place significant impact to the surrounding area. The base for its design is to provide a pleasing and gradual transition of grade between the freeway proposed and adjacent housing. Any major change in grade is purely for the purpose of aiding in the elimination of freeway noise from grade-level units and decreasing the visual impact from along the freeway side of the project. Carefully placed landscaping will also aid in this impact along all sides of this project. The project itself will act as a buffer of noise for the adjacent housing to the South aWd West. III. COMMENTS OR ELABORATIONS TO ANY OF THE QUESTIONS IN SECTION I (If additional space is needed for answering any questions, attach additional sheets as needed.) Signatu Date Signed L:zz«==*=*3-t____j=_t_^ (Pers^ Completing- Report) •5- RETIREMENT CENTERS • SKILLED ^^^FACILITIES INTERMEDIATE CARE FACILITIES • ^^^ILTH AGENCIES QUALITY CARE PROGRAMS IN FRIENDLY SUPPORTIVE ENVIRONMENTS 1060 EIGHTH AVENUE SUITE 409 SAN DIEGO. CA 92101 (619) 234-4327 HEALTH CARE GROUP March 5, 1984 Larry R. Sillman, A.I.A. Sillman/Wyman & Associates 9373 Hazard Way, Suite 204 San Diego, CA 92123 Dear Larry: As per your request, this letter will serve as a project definition for Villas de Carlsbad which is to be developed in Carlsbad, California. Villas de Carlsbad is to be considered to be a seniors housing project of one and two bedroom units. The development has been carefully designed to meet the needs of active retired residents over the age of 55. The development provides its residents with security, weekly maid service, social services, recreational facilities and other amenities. In addition to enjoying the independence of a kitchenette in their own living units, the residents may indulge themselves with the convenience of dining in the community's formal dining room or indoor/outdoor cafe. Three meals are served daily and one meal is included in the monthly service fee. Catering and banquet services are available and residents have the option of entertaining in their homes, or, if they wish in one of many beautiful lounges. A clinic staff will be available for routine physical examinations and monitoring of a 24-hour emergency call-bell system from the residents' rooms. Programming of the project will be directed toward an end goal of independence and care-free retirement-living. I am able to provide you with a complete outline of services to be provided if you would like any further description. Sincerely, C. David Goodin Vice President/Operations CDG/lt G 7? ^/fr (io©5 Access fe* Ho SITE _FwAi^'_|_ PLAM'^^^ ^TC, £)P Tt S -7 !Tj^\h^53LARIX- CoJOT^-rr/-'- [__ Kb 0 T UJipe LAKjg. .IrAmep IA TELy iSot^T/^ g>/g J IT'S CEUTg>^ufOg. lu Iisi T fe.<^tS € Cl Tt 0 W JJL) t-T H J2^V \ S g-/O0& lo .QCAi, STREET SrhK>vf\9^T?% Oto IT^5 FOOT W»pc- LAME riAmEDiATetv W^f5.TH OF Cu^Qj6_-SeLC ! SHT. Z OF3 . 4t- Ifei^rvlL'^ US LA<^ IPjiLh/M .. AMO _ ETC ISTIU (2 CuR\& I/OLgT /IT TH& NoflTH- tOg.*^T gof^Metg- OF 7Av<g /^v/g/ove /^A^P RjgUVa STORnr\.t?RA)KJ Ar ^ CuR.8 k^T As To mKncirAi'zeTHE ^!TH AREA S^RVeO €>v THIS ST45>RIII PRA^INI ShT. 3 or 3 -+! i —i! DATE: TO: PLANNING DEPARTMENT Ch7HBP.lN& NiCfiOLAS FROM: ENGINEERING DEPARTMENT, DEVELOPMENT DIVISION WALTER IS^QUJ KJ SUBJECT: INITIAL REVIEW AND ASSESSMENT OF CUP^£5S Attached, are Initial Review and Assessment Sheets for subject project. The documents submitted for this project are: Complete and suitable for conti'nued review. _ Incomplete. The Developer should be advised to submit the items marked in the "Non-Accept" and "Not Addressed" columns. Further processing will not proceed until all required data is received. The documents have been reviewed to establish an initial assess- ment of the project. The review indicates: Insufficient data has been provided to make determinations of significance. The project should not receive a negative declaration or be scheduled for hearing until additional data is received. Please contact me. "Mild" to "Normal" concern. The Engineering Department anticipates submittal of comments and/or conditions by the date requested. "Severe" concerns. The project should not receive a negative declaration or be scheduled for hearing until the items indicated "Sevei^e" are resolved. This project is otherwise a candidate for denial. Please contact me. ADDITIONAL COMMENTS Attachment CITY OF CARLSBAD ENGINEERING DEPARTMENT DEVELOPMENT PROJECTS PROJECT IDENTIFICATION: C*UP PROJECT NAME: V\LUAS P& CA^U^^^P PROJECT LOCATION: L^riUrOAP\\.^MgST PROJECT DESCRIPTION: 9| QfOlT A P/^R^TM pX)T^ Cem9UE'X ENGINEER: [Aj A UT^g fep^OUJM ASSIGNED PLANNER: RECEIVED FROM:PLAI^M^ OG INITIAL CHECKLIST REVIEWED BY:_ FORWARD TO: DATE DATE DATE l/ilh±_ FIRST SUBMITTAL SECOND SUBMITTAL Non I Not I Accept I Addressed j PLAN QUALITY 1. Name and address of the Owner whose property is proposed to be developed. 2. Name and address of the Developer. 3. Name, address, and registration number of the Architect or Registered Civil Engineer who is in responsible charge of the project. 4. North point and scale of the plans. 5. Date of preparation and revision of the plan. 6. The street address(es) and Assessor's Parcel Number(s) of the lot(s) proposed to be developed. 7. Location of the following facilities and physical features, labeled "existing" or "proposed", that are within 100 feet of the project: A. Driveways and Alleys B. Street Intersections C. Curb and Gutter D. Sidewalks E. Roadway Position and Name F. Roadway Cross-Section G. Median Islands H. Buildings I. Utility Facilities J. Existing Contours] K. Proposed Contours] [1' intervals for slopes less than Vk, V intervals for slopes between |5J! and 103!, and 5' intervals for 'slopes over lOX.] L. Drainage Facilities M. Water Courses N. Traffic Control Facilities 0. Other Improvements (Swimming Pools, Retaining WalIs,Etc 8. The location of the following facilities and physical fea- tures, labeled "existing" or "proposed" on the project site: A. Items enumerated in Item 7, above B. Major vegatation with size and type C. Free-standing signs. D. Parking stalls and facilities E. Landscaping 9. Locations(s) and use(s) of easements 10. Quantities of soil import, export, and total quantity moved, in cubic yards. 11. A Vicinity Map aINEERING DEPARTMENT DEVELOPMENT PROJECTS PROJECT IDENTIFICATION: OOP -2^^ PROJECT NAME; \/n,l.AS C|\RX>^BA1? INITIAL ASSESSMENT 4. 8. 1 1 llnsuffl-l Degree of Concern i NO. 1 ITEM lent Datal Mild 1 Normal 1 Severe 1 1. 1 LAND TITLE: 1 j A. Existing Easements 1 1 B. Required Easements 1 1 C. Project Access 1 1 D. Access to Public Resources 1 1 1 1 1 2. 1 TRAFFIC: 1 1 1 1 1 1 1. 1 LAND TITLE: 1 j A. Existing Easements 1 1 B. Required Easements 1 1 C. Project Access 1 1 D. Access to Public Resources 1 1 1 1 1 2. 1 TRAFFIC: l.*i>^"" 1 1. 1 LAND TITLE: 1 j A. Existing Easements 1 1 B. Required Easements 1 1 C. Project Access 1 1 D. Access to Public Resources 1 1 1 1 1 2. 1 TRAFFIC: 1 1. 1 LAND TITLE: 1 j A. Existing Easements 1 1 B. Required Easements 1 1 C. Project Access 1 1 D. Access to Public Resources 1 1 1 1 1 2. 1 TRAFFIC: ^MMB^ 1 1 1. 1 LAND TITLE: 1 j A. Existing Easements 1 1 B. Required Easements 1 1 C. Project Access 1 1 D. Access to Public Resources 1 1 1 1 1 2. 1 TRAFFIC: 1 1 1 1 1 1 A. Count B. Street Capacity C. Intersection Capacity 0. Generation By Project E. Sight Distance F. Accident History 6. Control Devices H. Conformance with General Plan 1. Intersection Distance J. Street Width K. Horizontal Curves POTABLE WATER: A. Project Distribution Adequacy 8. Fire Protection C. Confonnance with General Plan SANITARY SEWER: A. Treatment Facility Adequacy B. Trunk System Adequacy C. Project Systei^dequacy 0. Pump Station l^ulrements E. Other Disposal Nethods F. Conformance with General Plan GEOLOGY: A. Hazards B. Slopes C. Grading D. Cut/Fill Balance E. Erosion Contro) F. Siltation G. Soils Report STORM WATER: A. On-site Facility Adequacy B. Off-Site Facility Adequacy C. Proposed OUchargc Type D. Discharge Quality E. Discharge Treataent F. Master Drainage Plan CONSTRUCTION CONTROL: A. Project Phasing B. Project Scheduling C. Off-Site Haulage 0. Project Access (during construction) E. Materials Stockpiling SITE AMElilTIES: A. Street Trees 8. Irrigation Mater C. Park Site (as It relates to Eng'r) 0. School Site F. Street Lighting DATE: TO : )^ Planning Departinent ^ Engineering Department FROM: Fire Department CONDITIONS FOR PROJECT // CO P Z->5"5~ STANDARD CONDITIONS /^lJ Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department. (J2^ Additional public and/or on site fire hydrants shall be provided if deemed necessary by the Fire Marshal. 3. The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and on site roads and drives to the Fire Marshal for approval. 4. An all weather access road shall be maintained throughout construction. ^) All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site. Proposed security gate systems shall be provided with "Knox" key operated override switch, as specified by the Fire Department. 7. All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "No Parking/Fire Lane-Tow Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code. 8. Fire retardant roofs shall be required on all structures. 9. Brush clearance shall be maintained according to the specifications contained in the City of Carlsbad Landscape Guidelines Manual. / lOJ All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approval prior to construction. 11. All roof-top appurtenances shall be architecturally integrated into the design of the building and shielding to prevent noise and visual impacts, subject to approval before issuance of permit. /12y Building exceeding 10,000 sq. ft. aggregate floor area shall be sprinklered or have V / four-hour fire walls with no openings therein which shall split the building into 10,000 sq. ft. (or less) areas. ADDITIONAL CONDITIONS/COMMENTS DATE: TO: FROM: Review and Comment Memo MEMORANDUM Engineering Department Fire Diepartinent Building Department Parks and Recreation Department Land Use Planning Office SUBJECT: Reauest for Review and Comment on Application no^Cuf> •'^S \/iLLf^^ pa. 4:r/*/2^s<5^£p Proposal: Sgt^^QgS V-UaustM^ p(Z<::)y<cf" Project Planner: Q£. 6 L l^io r MJ/^'*"^ This item has been tentatively scheduled for the Planning Commission meeting of . Please review and submit written comments and/or conditions to the Land Use Planning Office by p^L/y 3 / V If not received by that date, it Will be assumed that you have no comment and the proposal has your endorsement as submitted. Thank you. Comment: 7 i ^—j\rK f ATTACHMENTS PROJECT REVIEW On Januarv 20. 1992 . CUP 255 Villas De Carlsbad was reviewed (date) (project number) (project name) for compliance with the conditions contained therein. The project was found to be in compliance with all the conditions of Resolution No. 2398 and no further action was taken. COMMENTS: No Comments. Signed C: Erin Letsch VL:vd Van Lynch Planning Technician Citv of Carlsbad Planning Departnnent February 22, 1990 Mr. Donald Perry Health Care Group 1060 Eighth Avenue, Suite 405 San Diego, CA 92101 REFERENCE: LETTER DATED FEBRUARY 5, 1990 Dear Mr. Perry: SUBJECT: VILLAS DE CARLSBAD/CONDITIONAL USE PERMIT 255 Upon receipt of your letter and demographic report, the Planning Department has determined that you are in compliance with the subject Conditional Use Permit. If you have any questions, please call me at 438-1161, extension 4328. Sincerely, ANN HYSON Planning Tech AH:af 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 RETIREMENT COMMUNITIES • C^^^KCENT HOSPITALS QUALITY CARE PROGRAMS IN FRIENDLY SUPPORTIVE ENVIRONMENTS 1060 EIGHTH AVENUE SUITE 406 SAN DIEGO, CA 92101 (619) 234-4327 HEALTH CARE GROUP February 5,1990 Mr. Mike Harrington Planning Director City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 Dear Mr. Harrington: Upon receiving Anne Hysong's letter of January 17,1990, regarding Las Villas de Carlsbad, we immediately prepared a report addressing the age of the residents, number of residents and professional services provided. That report has been sent to your attention. We were confused about the issue of the balconies on the east side. We did not find any mention of glass sound attenuation walls being required in the Conditional Use Permit No. 255. In conversation with Anne Hysong, it was indicated that the issue was raised in the minutes ofthe June 12,1985 Planning Commission meeting. We requested a copy of these minutes. We have received and reviewed pages 6 and 7 ofthe June 12,1985 Planning Commission meeting minutes. The issue being discussed was the request by the applicant to make four minor changes to the already approved Conditional Use Permit No. 255. Change number 3 was a reauest to eliminate the balconies on each building elevation that faced the freeway. One of the Commissioners asked if the Planning Commission could add a condition to the project and the response was that they could not. A discussion ensued regarding the request of the applicant to eliminate the balconies in question. A motion was then passed approving changes 1, 2, and 4 regarding Conditional Use Permit No. 255. We find no mention in the motion of a requirement to have glass sound attenuation walls on the balconies. As stated before, we find no mention of a requirement to have glass attenuation sound walls on the balconies in the Conditional Use Permit No. 255. Therefore, we challenge the statement made in the January 17,1990 letter stating,".. .balconies on east side of structures are required to have glass sound attenuation walls." There would be a concern on our part if glass sound attenuation walls were required because of the issue of how proper air circulation could be provided. Mr. Mike Harrington February 5,1990 Page Two We would appreciate a letter stating that the glass sound attenuation walls are not a requirement we need to meet and that with the receipt of the list of residents, their ages and professional services provided, we are in compliance with Conditional Use Permit No. 255. If there are any further concerns or problems, we would be willing to come to your office and discuss the issues with you. Sincerely, HEALTH CARE GROUP Donald M. Perry Executive Vice President DMP/jyc Las Villas Caflsbad independent and Assisted Living Community January 25, 1990 City of CarXsbad Planning Department J.T.'yiirillTii^rrTnfrf nn . Planning Director 2075 Las Palmas Drive Carlsbad, CA 92009 Dear Mr. Harrington: As requested, enclosed please find a list of our residents ages as of January 25, 1990. Las Villas de Carlsbad offers the following professional services: 1. Complete dietary program; 2. Weekly housekeeping; 3. Maintenance; 4. Complete activity program; and 5. Scheduled transportation. If I can be of any further assistance, please do not hesitate to call. Thank you. Sincerely, KRISTEN FRAGER ADMINISTRATOR Las Villas de Carlsbad Retirement Community KF: dmr End. 1088 Laguna Drive Carlsbad, CA 92008 (619) 434-7116 i AGES OF RESIDENTS Las Villas Carkbad Independent and Assisted Living Community 1. 84 44. 87 86. 90 129. 81 2. 69 45. 78 87. 77 130. 88 3. 85 46. 68 88. 71 131. 75 4. 86 47. 78 89. 84 132. 87 5. 84 48. 90 90. 88 133. 91 6. 93 49. 7 9 91. 84 134. 90 7. 90 50. 89 92. 98 135. 90 8. 80 51. 78 93. 88 136. 89 9. 75 52. 70 94. 90 137. 75 10. 67 53. 86 95. 82 11. 77 54. 77 96. 94 12. 85 55. 84 97. 78 13. 78 56. 76 98. 75 14. 92 57. 73 99. 87 15. 84 58. 93 100. 88 16. 89 59. 91 101. 90 17. 86 60. 82 102. 84 18. 93 61. 70 103. 98 19. 77 62. 82 104. 60 20. 81 63. 75 105. 77 21. 86 64. 87 106. 85 22. 74 65. 90 107. 84 23. 82 66. 85 108. 90 24. 98 67. 77 109. 95 25. 94 68. 77 110. 87 26. 75 69. 84 111. 76 27. 78 70. 84 112. 72 28. 89 71. 81 113. 91 29. 78 72. 92 114. 94 30. 80 73. 92 115. 89 31. 78 74. 84 116. 88 32. 93 75. 86 117. 71 33. 82 76. 70 118. 87 34. 87 77. 85 119. 87 35. 89 78. 93 120. 86 36. 90 79. 76 121. 88 37. 79 80. 80 123. 85 38. 85 81. 75 124. 92 40. 75 82. 85 125. 90 41. 79 83. 79 126. 90 42. 68 84. 72 127. 86 43. 78 85. 90 128. 80 1088 Laguna Drive Carlsbad, CA 92008 (619) 434-7116 City of CarlsbacJ Planning Department NOTICE OF VIOLATION January 17, 1990 Villas de Carlsbad 1060 Eighth Avenue, Suite 405 San Diego, CA 92101 Dear Sirs: On January 10, 1990, Conditional Use Permit No. 255 was reviewed for compliance with the conditions contained therein. As a result of this review it has been determined that you are in violation of Condition No. 19 in Planning Commission Resolution No. 2398. Condition No. 19 states that: The applicant shall submit an annual report to the Land Use Manager. Said report shall address ages of occupants, numbers of persons within the project, and professional services provided. In addition, balconies on east side of structures are required to have glass sound attenuation walls. These walls have not been constructed. Please be advised that a public hearing before the Planning Commission will be scheduled if compliance with the conditions of approval of your permit cannot be documented within 30 days of the date of this letter. The Planning Commission may, after a public hearing held in the manner prescribed in Chapter 21.50 of the City's Municipal Code goveming Conditional Use Permits, "revoke or modify any permit if the permit granted is being, or recently has been, exercised contrary to the terms or conditions of such approval." If you have any questions, please contact Anne Hysong in the Planning Department at (619) 438-1161, extension 4328. Mike Harrington AH:lh 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 PROJECT REVIEW On Januarv 10. 1990 , CUP-255 . - was reviewed (date) (project number) (project name) for compliance with the conditions contained therein. 1) The project was found to be in compliance with all the conditions of Resolution No. and no further action was taken. 2) The project was found to be in violation of Condition 19 of Resolution No. 2398 and the following actions have been taken: COMMENTS: JUNE 12. 1985 - DISCUSSION ITEM REOUIRED PLEXIGLASS SCREENING OF BALCONIES FACING 1-5. Signed. ANNE HYSON' Planning Tech I c: Erin Letsch AH:lh Kawasaki Theilacker ^ Associates October 30, 1986 Income Property Group 1088 Laguna Drive Carlsbadr CA 92008 Attention: Allard Jansen Project: Villas De Carlsbad Regarding: Reduction of Plant Material Sizes LANDSCAPE ARCHITECTURE SAN DIEGO 3776 Founh Avenue San Diego. California 92103 (619)298-7271 VISTA 110 Escondido Ave Suite 20.'> Vista. California 92083 (619)758-9121 Dear Allard: Please find listed below the specific plant materials that we will be reducing in size as discussed per our meet (October 29, 1986). A. The trees reduced are: 1. All Camphor Trees - Cinnamonum camphora from 24" box to 15 gal. (7-8' ht. X 2-3' sp.) 2. All Oleander Trees - Nerium oleander 'Sister Agnes' from 24 " box to 15 gal. (7-8' ht. X 2-3' sp). 3. All Nichol's Willow - Leafed Peppermint xrees - Eucalyptus Nicholii from 5 gal. to 1 gal. B. The shrubs reduced are: 1. 64 - Yesterday Today and Tomorrow Shrubs - Brunfelsia paucifolia 'Floribunda' from 5 gal. to 1 gal. ( 12" sp. X 12" ht.). * # 20 - sheet No. L-14 * # 44 - sheet No. L-15 2. 19 - Escallonia shrubs - Escallonia fradesii from 5 gal. to 1 gal. (14" sp. X 14" ht.) * # 9 - sheet No. L-14 * # 10 - sheet No. L-15 Frank H. Kawasaki. Michael A. Theilacker, Don E Ueno, Principals Michael W. Peltz. Senior Associate, James C. Kuhlken, Kurt W. Carlson, Associates RLA 1084 RLA 1249 RLA 1481 Income Property Group October 30, 1986 Page 2 3. 244 - Leptospermum scoparium 'Ruby Glow' from 5 gal. to 1 gal. (14"sp. X 14" ht.) * # 161 - sheet No. L-14 * # 83 - sheet No. L-15 4. 35 - Chinese Hibscus - Hibiscus rosa-sinensis 'Hula - Girl' from 5 gal. to 1 gal. ( 15" sp. X 15" ht.) * # 22 - sheet No. L-14 * # 13 - sheet No. L-15 5. 29 - Dwarf Oleander - Nerium oleander 'Petite Salmon' from 5 gal. to 1 gal. (8" sp. X 8" ht.) * # 29 - sheet No. L-14 6. 6 - Bird of Paradise - Streletzia reginae from 5 gal. to 1 gal. (12" sp. X 12" ht.) * # 6 - sheet No. 1-14 Please call our office if you have any questions. Sincerely, Kurt W. Carlson KC: rw cc: Allard Jansen Jon Ewing DEVELOPMENT • CONSTRUi SYNDICATING • LEASING • WE DEVELOP AND CONSTRUCT BUILDINGS THAT WORK FOR A LIVING 1060 EIGHTH AVENUE SUITE 405 SAN DIEGO, CA 92101 (619) 234-4316 INCOME PROPERTY GROUP VILLAS DE CARLSBAD March 13, 1986 ClU ^ Planning Commission c/o City of Carlsbad Planning Department 1200 Elm Avenue Carlsbad, CA 92008 Attention: Adrienn Landers Re: Villas de Carlsbad Resolution No. 7909 Job No. 1504 Dear Adrienn: Per our telephone conversation it is my understanding that the Planning Commission has presently approved a masonry wall along the westerly property line. We are requesting to change it to a solid wood fence for all the reasons stated in Larry Si 11man's letter of March 5, 1986. Additionally, let me address other issues that we discussed. Issue #1: "The wood fence is a concern to the city because it may deteriorate with time." Response: Considering that this wood fence is immediately adjacent to our entry drive and the entrance of our project, we too share in a concern about the aesthetics and the maintainability of the fence. Please be assured that any deterioration will be repaired and maintained immediately because of our shared concerns. Issue #2: "We do not want to see a fence higher than six feet." Response: The maximum height of the fence will remain 6'-0". Planning Commission March 13, 1986 Page Two Enclosed, please find a sketch of what we are proposing. Please contact me at your earliest convenience so that we may process this change. ERTY GROUP AJ/lc Enclosures Jansen Proj/ct Manager III'lllV"!"!'!"" UlllliillillUlll MJ. I'timi't'tMi"'" ''I'l'ii;^::!,:' illll „iillikllilliliil: 5iLLMAN / IVYMAN & ASSOCIATES ARCHITECTS & ENGINEERS / 10671 ROSELLE ST. SUITE 200 SAN DIEGO. CALIFORNIA 92121. TELEPHONE (619) 453.4320 March 5, 1986 Planning Cominission c/o City of Carlsbad Planning Department 1200 Elm Avenue Carlsbad, California 92008 Attention: Adrienne Landers Re: Villas de Carlsbad, Resolution No. 7909 (Job No. 1504) Gentlemen: This letter is sent to request your review and approval of our revision of the west property line wall to a solid wood fence, as opposed to the masonry wall required under Condition No. 26 of our Conditional Use Permit referenced above (adopted February 19, 1986). It is felt that this type of wall will be more than sufficient for separation of this project from the adjacent properties to the west. It will provide a much better transition as characterized by it's softer, more residential appearance. That, along with the landscaping being incorporated along with it, will enhance the naturalness of the project's border with it's neighbors. Although it is provided to separate, it is not our intent of the design to alienate, as will the cold, hard, impersonal look of a common block wall. Along with this request, we would like to refer to the attached elevations of the wall in order to provide additional information for your use. This elevation is the same that was delivered to the planning department on January 23, 1986. We hope you will agree with our position and consequently approve this request. Thank you. Sincerely, SILLMAN/WYMAN & A OCIATES illman LRS/sc Attachment cc: Income Property Group/Mr. Ron McElliott Harper Construction/Mr. Greg Ricker SILLMAN / IVYMAN & ASSOCIATES ARCHITECTS & ENGINEERS / 10671 ROSELLE ST, SUITE 200 SAN DIEGO, CALIFORNIA 92121, TELEPHONE (619) 453-4320 ^ ^ March 5, 1986 Planning Commission c/o City of Carlsbad Planning Department 1200 Elm Avenue Carlsbad, California 92008 Attention: Adrienne Landers Re: Villas de Carlsbad, Resolution No. 7909 (Job No. 1504) Gentlemen: This letter is sent to request your review and approval of our revision of the west property line wall to a solid wood fence, as opposed to the masonry wall required under Condition No. 26 of our Conditional Use Permit referenced above (adopted February 19, 1986). It is felt that this type of wall will be more than sufficient for separation of this project from the adjacent properties to the west. It will provide a much better transition as characterized by it's softer, more residential appearance. That, along with the landscaping being incorporated along with it, will enhance the naturalness of the project's border with it's neighbors. Although it is provided to separate, it is not our intent of the design to alienate, as will the cold, hard, impersonal look of a common block wall. Along with this request, we would like to refer to the attached elevations of the wall in order to provide additional information for your use. This elevation is the same that was delivered to the planning department on January 23, 1986. We hope you will agree with our position and consequently approve this request. Thank you. Sincerely, SILLMAN/WYMAN & AS60CIATES LRS/sc Attachment cc: Income Property Group/Mr. Ron McElliott Harper Construction/Mr. Greg Ricker DEVELOPMENT • CONSTRUCTION SYNDICATING • LEASING • MANAGES WE DEVELOP AND CONSTRUCT BUILDINGS THAT WORK FOR A LIVING 1060 EIGHTH AVENUE SUITE 405 SAN DIEGO, CA 92101 (619) 234-4316 INCOME PROPERTY GROUP February 24, 1986 Dee Landers CITY OF CARLSBAD Planning Department 1200 Elm Avenue Carlsbad, CA 92008 Re: Las Villas Del Norte, Dear Ms. Landers: FEB PIAHWNG OFFICE \ \ This is a letter to confirm our telephone conversation of today, made several inquiries regarding the above C.U.P.. You made the following responses: 1. 'Effective Date, The effective date, as referred to in item number 15 of the C.U.P. is the date of the City Council Resolu- tion affirming the Planning Commission Resolution. The City Council Resolution was number 7909 which was made on February 19, 1985. 2. "Utilization." For purposes of C.U.P. 255, "utilization" will mean the "pulling" of building permits and the actual beginning of construction on the site. Thank you for your cooperation in this matter Sincerely, SMG/kd Steven M. Grady SILLMAN / ^YMAN & ASSOCIATES ARCHITECTS & ENGINEERS / 10671 ROSELLE ST, SUITE 200 SAN DIEGO, CALIFORNIA 92121, TELEPHONE (619) 453-4320 January 15, 1986 Mr. Mike Holtzmiller Planning Director City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Re: Villas de Carlsbad, Property Line Wall (Job No. 1504) Dear Mike: As you may remember, I mentioned that we would like to substitute the solid masonry fence at the western property line with a solid wood fence. You expressed a concern about our proposal when I mentioned the fence was partially retaining and would exceed 6' on the neighbor's property. Therefore, I have enclosed some exhibits to support our case. The exhibits are as follows: Exhibit No. 1 - Approved site plan (makes no mention of wall or height) Exhibit No. 2 - Approved preliminary grading plan (mentions retaining wall varies from 1' to 7') Exhibit Nos. 3 and 4 - Actual approved grading plan (shows wall of varying heights) - Exhibit No. 5 - Profiles of proposed solid wood wall that varies in height to reduce impact on neighbor, but maintains minimum 6' height Mike, please review the enclosed plans and let me know what to do next. Your earliest attention to this would be appreciated. Sincerely, SILLMAN/WYMAN & i)(feSOCIATES )P^' / yXarry Sillman LRS/s Enclosure cc: Major Chance/Income Property Group PC cl G DEVELOPMENTAL B^S^H 1200 ELM AVENUE SERVICES •itWr^M CARLSBAD, CA 92008-1989 (619)438-5591 LAND USE PLANNING OFFICE '^•.j^-iw ^ ' December 13, 1985 Mr. W. Major Chance Villas De Carlsbad 1060 Eighth Avenue, Suite 405 San Diego, California 92101 RE: RESOLUTION NO. 7909 - CUP-255 VILLAS DE CARLSBAD Dear Major: The City has approved the development of a 91-unit professional care facility. Pursuant to that approval, the City will allow the 57 two-bedroom dwelling units (as defined by the UBC) to be rented as 57 one-bedroom dwelling units and the adjoining area can be rented as an efficiency unit (as defined by the UBC) so long as the project is operated as a professional care facility. The adjoining area is not to contain any kitchen facilities. Sincerely yours, CITY OF CARLSBAD MICHAEL J.HOLZMILLER Planning Director ^i^- MJH/ar cc: Marty Orenyak Charlie Grimm Dee Landers DEVELOPMENTAL • ^CB^.H 1200 ELM AVENUE SERVICES ^4Wf/M CARLSBAD, CA 92008-1989 LAND USE PLANNING OFFICE ^^jj^^ 438-5591 Cttp of Carlsfbab January 23, 1985 Brian Smith Planning Department City of Escondido 100 valley Boulevard Escondido, CA 92025 Dear Mr. Smith, Th following was the only professional care facility approved by the Planning Commission, but currently is being appealed to the City Council. 1) Name - Villas de Carlsbad 2) Location - See attached sheet 3) 91 Units were approved 34 - one-bedroom - 504 sq. ft. 57 - two-bedroom - 804 sq. ft. 4) Kitchen facilities were provided 5) The amount of common recreation space provided was approximately 20,000 square feet. 6) The Zoning Ordinance states that a professional care facility shall have a parking ratio of two parking spaces, plus one space for each three beds; but they were also required to provide a conversion plan if ever they were to revert to apartments. The ratio was for one-bedroom - 1.50 spaces per unit and for two-bedrooms - 1.75 spaces per unit. In this particular project 94 parking spaces were proposed with a possibility of 58 extra spaces to be added if necessary. January 23, 1985 Page Two 7) Professional care facilities are allowed by Conditional Use Permit in these zones: a) R-3 (Multiple-Family Residential) b) RD-H (Residential Density-High) c) RD-M (Residential Denisty-Multiple) d) C-2 (General Commercial) e) P-C (Planned Community) It is a permitted use in the C-M (Heavy Commercial- Limited Industrial Zone). I hope your questions have been answered and if you have any other questions please contact me at 438-5591. V 1 EDWARD V. RUIZ Land Use Planning Office Attachment EVR:bn DEVELOPMENTAL • .M 1200 ELM AVENUE SERVICES ^XWfiM CARLSBAD, CA 92008-1989 LAND USE PLANNING OFFICE ^^fej^^ <^^^> 438-5591 Citp of Carl£(()ab December 27, 1984 Sillman/Wyman & Associates 10671 Roselle Street, Ste. 200 San Diego, CA 92121 SUBJECT: CUP-255 VILLAS DE CARLSBAD Preliminary Staff Report The preliminary staff report for the above referenced project has been completed. A copy of the report, including the recom- mendation and conditions, is enclosed. This preliminary report will be discussed by staff at the Development Coordinating Committee (D.C.C.) meeting which will be held on Wednesday, January 2, 1985, beginning at 9:30 a.m. If you have any questions concerning the report, you may attend the D.C.C. meeting. If you need additional information concerning this matter, please contact the Land Use Planning Office at 438-5591. CITY OF CARLSBAD MICHAEL J. HOLZMILLER Land Use Planning Manager Land Use Plaipiing Office MJH:ad Enclosure DEVELOPMENTAL • ^P^. • 1200 ELM AVENUE SERVICES CARLSBAD, CA 92008-1989 LAND USE PLANNING OFFICE ^^j^F <®^^' 438-5591 tiip of tavlihati December 27, 1984 Villas de Carlsbad, Ltd. 1060 Eighth Avenue, Ste 405 San Diego, CA 92101 SUBJECT: CUP-255 VILLAS DE CARLSBAD Preliminary Staff Report The preliminary staff report for the above referenced project has been completed. A copy of the report, including the recom- mendation and conditions, is enclosed. This preliminary report will be discussed by staff at the Development Coordinating Committee (D.C.C.) meeting which will be held on Wednesday, January 2, 1985, beginning at 9:30 a.m. If you have any questions concerning the report, you may attend the D.C.C. meeting. If you need additional information concerning this matter, please contact the Land Use Planning Office at 438-5591. CITY OF CARLSBAD MICHAEL J. HOLZMILLER Land Use Planning Manager By; . Land Use Planhmg Office MJH:ad Enclosure DEVELOPMENT • CONSTRUCTION SYNDICATING • LEASING • MANAGI WE DEVELOP AND CONSTRUCT BUILDINGS THAT WORK FOR A LIVING 1060 EIGHTH AVENUE SUITE 405 SAN DIEGO, CA 92101 (619) 234-4316 4# •# INCOME PROPERTY GROUP December 11, 1984 Ms. Catherine Nicholas ' -j^ Planning Department City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Re: Villas de Carlsbad Dear Ms. Nicholas: Pursuant to your conversation with Mr. Rod Higgins of Sillman/Wyman & Associates, enclosed please find stamped envelopes addressed to the residents and owners of property within a 300-foot radius of our property. If you have any quesitions, please do not hesitate to call. Sincerely yours, INCOME PROPERTY GROUP Janet K. Kruger f j Enclosures cc: Rod Higgins DEVELOPMENTAL • . • 1200 ELM AVENUE SERVICES ^Kl^^M CARLSBAD, CA 92008-1989 LAND USE PLANNING OFFICE ^^j^^ <8''^) 438-5591 Citp of Carls(bab November 19, 1984 Jillman/Wyraan & Associates 10671 Roselle Street Suite 200 san Diego, CA 92121 ATTN: ROD HIGGINS SUBJECT: CUP-255 - VILLAS DE CARLSBAD Dear Rod: This letter is written to clarify the processing of your project located on Laguna Drive in Carlsbad. Apparently, there was some confusion as to the exact nature of the project. The city mistakenly scheduled the project on a City Council agenda as a senior citizen housing project. Senior citizen housing projects are subject to special provisions of the zoning ordinance and are required to receive City Council approval. Your project is actually a residential care facility, not a senior citizen housing project, and, as such, only requires Planning Commission approval of a conditional use permit. After discovering this error, we have pulled the item from the City Council agenda and have scheduled it instead on the Planning Commission meeting of January 9, 1985. Because of full agendas and the fact that the Commission will only hold one meeting in December, this date was the earliest one available. We apologize for any inconvenience this rescheduling has caused you. Please contact me or Catherine Nicholas if you have any further questions. Very truly yours, CITY OF CARLSBAD /J<^, BILL HOFMAN Principal Planner BH/ar cc: Marty Orenyak Catherine Nicholas L. DEVELOPMENT • CONSTRUCTION SYNDICATING • LEASING • MANAGI 0 WE DEVELOP AND CONSTRUCT BUILDINGS THAT WORK FOR A LIVING 1060 EIGHTH AVENUE SUITE 405 SAN DIEGO, CA 92101 (619) 234-4316 INCOME PROPERTY GROUP \ A •\*- \ NOy 1984 RECEIVED mo USF PLANNING OFFICE November 14, 1984 Ms. Catherine Nicholas Planning Department City of Carlsbad 1200 Elm Carlsbad, CA 92008 Re: Villas de Carlsbad Case File No. CUP-255 Dear Ms. Nicholas: Per your conversation with Rod Higgins of Sillman/Wyman & Associates, the following areas of recreation are planned for this project: 1) Shuffleboard 2) Lawn Bowling or Croquet 3) Pool with Spa 4) Horseshoes 5) Gardening 6) Gazebo 7) Outdoor Barbeques Should you have any questions concerning the above, please feel free to call Rod at 453-4320. Sincerely yours. WMC/jk W. Major Ch^1^~^^~^^^^ WOODSIDE/KUBOTA & ASSOCIATES, INC. • NOINEBRS 2565 Pio Pico Drive. P.O. Box 1095. Carlsbad, California 92008. (619) 729-1194 August 2, 1984 Land Use Planning Office City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Attention: Bill Hofman Subject: CUP 255 Villas de Costa Real Municipal Gentlemen: Carlsbad Water District The subject development project has been reviewed by the Costa Real Muni- cipal Water District to determine if there will be any transmission facilities necessary to be constructed as a direct result of the proposed development project. Additionally, the evaluation has included the necessity for any relocation of existing transmission facilities. We have determined that there are no transmission facilities involved so that the City of Carlsbad will be responsible for the design, construction and inspection of the water system facilities within the subject development project in accordance with the applicable standard plans and specifications. However, we do have the following comments and recommendations: 1. We recommend that a public waterline intertie extension be required between Knowles Avenue and Laguna Drive. 2. We refer you to our comments made on May 18, 1984, regarding PCD 59 - KAP Development, and our concern about the existing system being adequate to meet the developer's needs and the future needs of the undeveloped land. Also, it may be advantageous to have the developers (PCD 59 and CUP 255) meet and discuss the possibility of going together on an intertie between Knowles and Laguna. 3. We feel that the Fire Marshal's input is very important. Please contact the undersigned if you have any questions regarding this proj ect. VerVo truly yoars Jai/fck Y.^^ubota, Dis^rii^^t Engineer Cx/sta Real Municipal Water District cc: Mr. Kurt Musser, Costa Real Municipal Water District FJW:JYK:paf CMWD 83-108 In Orange County, Santa Ana DEVELOPMENTAL ML . Jm 1200 ELM AVENUE SERVICES B ^^BV B CARLSBAO, CALIFORNIA 92008-1989 LAND USE PLANNING OFFICE ^^^J^M (619) 438-5591 Citp of Carlsibab July 31, 1984 Sillman/Wyman & Associates 9373 Hazard Way, Suite 204 San Diego, California 92123 RE: CUP-255 - VILLAS DE CARLSBAD The Director of Building and Planning, the City Engineer and the Land Use Planning Manager have reviewed the application you submitted for the above-referenced project. Based upon this review, it has been determined that there are major problems associated with your application which must be addressed before this application can be scheduled for a Planning Commission hearing. The problems or issues are listed below. Also, the name of the project planner and project engineer is provided. You should set-up a meeting to discuss the issues with the appropriate staff member. Once the problems/issues have been addressed, your application will then be scheduled for a hearing. Problems/Issues Project Planner Cul-de-sac - setbacks CATHERINE NICHOLAS Turning Radii Project Engineer Drainage WALTER BROWN Compact Car Spaces RETIREMENT CENTERS • SKILLED INTERMEDIATE CARE FACILITIES • #FACIUTIES ALTH AGENCIES QUALITY CARE PROGRAMS IN FRIENDLY SUPPORTIVE ENVIRONMENTS 1060 EIGHTH AVENUE SUITE 409 SAN DIEGO. CA 92101 (619) 234-4327 HEALTH CARE GROUP March 5, 1984 Larry R. Sillman, A.I.A. Sillman/Wyman & Associates 9373 Hazard Way, Suite 204 San Diego, CA 92123 Dear Larry: As per your request, this letter will serve as a project definition for Villas de Carlsbad which is to be developed in Carlsbad, California. Villas de Carlsbad is to be considered to be a seniors housing project of one and two bedroom units. The development has been carefully designed to meet the needs of active retired residents over the age of 55. The development provides its residents with security, weekly maid service, social services, recreational facilities and other amenities. In addition to enjoying the independence of a kitchenette in their own living units, the residents may indulge themselves with the convenience of dining in the community's formal dining room or indoor/outdoor cafe. Three meals are served daily and one meal is included in the monthly service fee. Catering and banquet services are available and residents have the option of entertaining in their homes, or, if they wish in one of many beautiful lounges. A clinic staff will be available for routine physical examinations and monitoring of a 24-hour emergency call-bell system from the residents' rooms. Programming of the project will be directed toward an end goal of independence and care-free retirement-living. I am able to provide you with a complete outline of services to be provided if you would like any further description. Sincerely, C. David Goodin Vice President/Operations CDG/lt LEGAL DESCRIPTION ORDER NO. 878695-2 The land referred to herein is situated in the State of California, County of San Diego, and is described as follows: All of the West Half of the Southwest Quarter of the Northeast Quarter of the Northwest Quarter and that portion of the East Half of the Southeast Quarter of the Northwest Quarter of the Northwest Quarter of Section 6, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the Official Plat thereof, lying Westerly and Southwesterly of the Southwesterly line of the land described in Deed to the State of California, recorded June 12, 1970 as File No. 101788 of Official Records. fs/ep/jmc/bk MEMORANDUM DATE: June 12, 19 85 TO: Planning Commission FROM: Land Use Planning Manager SUBJECT: INFOPmTION ITEM REGARDING CUP-255 - VILLAS DE CARLSBAD A professional care facility, located between Laguna Drive and Knowles Avenue, west of 1-5. The above-mentioned project was approved by the City Council on February 5, 19 85. The applicant is now requesting several changes in the exterior elevations. These include: 1. Eliminate the pedestrian bridge on the third floor. Replace with an open colonnade on the first floor. 2. Change the design of the sloped entry porte-cochere to a flat-roofed/arched design. 3. Eliminate the balconies on each building elevation that faces the freeway. 4. Open up the solid guardrails on the balconies on the remaining elevations facing away from the freeway. Staff has no major concerns with items 1, 2, and 4 and recommends approval of these proposals. The changes are minor and in conformance with the architectural character of the approved project. As stated, item number 3 requests the elimination of balconies on the freeway-side of the buildings. These balconies were part of the original approval and considered an amenity. The applicant feels that due to the high freeway noise these balconies will not be used and should, therefore, be eliminated. Staff disagrees with this rationale and believes that balconies are an important recreational amenity in high density projects where they provide the only private space available. If properly buffered with glass sound attenuation walls these balconies would provide a valuable amenity. The applicant feels that glass sound attenuation walls would be too expensive and, in addition, would make the balconies too hot. Staff disagrees with this statement. The balconies face east and would get the early morning sun and be shaded from the hot afternoon sun by the bulk of the building. The balconies might get hot at mid-day in the summer, however, except for windy days they would be almost the same temperature without an attenuation wall. In addition, sliding glass doors, providing access to the balconies would provide more ventilation for the interior of the units than the proposed window replacement. Glass screens on balconies are widely used to shield wind and noise (i.e., in San Clemente overlooking 1-5) and the combination has proven to be a valuable amenity, especially in high density projects. In conclusion, staff can support the applicant's request on numbers 1, 2, and 4 but believes the balconies should remain and be screened with glass sound attenuation walls. ATTACHMENTS 1. Exhibits "A" - "B" dated, June 5, 1985 2. Letter from applicant dated, April 19, 1985 AML:ad 5/2/85 -2- JL ^S(£'iM^ a NORTH T ni i 1 EAST I nmi ijjllllllDll^^d^ crrrrii£i ramniii: n: SOUTH WEST )R ELEVATIONS - BUILDING B 7 6 /5'/^:r A-l Ll] ill ffliiiliffiiilMtes '1' 0 •I' NORTH "!3iiiimk 1 iiiiiiiiii EAST ..^IiiiiiM ass r rTTg ET ' • ] \±z-r.-2. SOUTH WEST EXTERIOR ELEVATIONS - BUILDING C ^MM/NAT ./^ I [ • J 'au . NORTH WEST B-2 (I BIITLDING SECTION A - A EXHIBIT A ^..^!!f3!llEi!Ji.; APPROVEO:) BLE VAT IOM S EAST lillllHsrim. xf T ffl WEST EXTERIOR ELEVATIONS - BUILDING A APF^oV^O BAu^o<oy Q^V^^^j^/0<jr 4 APPLIC JUNE 25 m N SUBMITTAL DATE; 1984 STAFF REPORT DATE; January 9, 1985 TO: Planning Commission FROM: Land Use Planning Office SUBJECT: CUP-255 - VILLAS DE CARLSBAD - Request for approval of a Conditional Use Permit for a Professional Care facility on the north side of Laguna Drive, south side of Knowles Avenue and west side of 1-5 in the R-3 zone. I. RECOMMENDATION It is recommended that the Planning Commission APPROVE the Negative Declaration issued by the Land Use Planning Manager and ADOPT Resolution No. 2398, APPROVING CUP-255, based on the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION The applicant is requesting approval of a conditional use permit for a Professional Care facility, on 4.6 acres, located as described above. The subject property is a roughly triangular- shaped, through lot fronting on both Laguna Drive and Knowles Avenue. Access to the site would be derived from both streets. The proposed project would be developed in three, three-story buildings, interconnected by walkways. The project would consist of 34 one-bedroom and 57 two bedroom units. The one-bedroom units would have a floor area of 504 sq. ft. and the two-bedroom units, 804 sq. ft. Each unit would include a small kitchen. All of the two-bedroom units would have the capability of being converted into two, one-bedroom units, one with a kitchen and one without. The project of 55. A cl examinations system from also provide and common d would includ facilities, area. is designed for active retired residents over the age inic staff would be available for routine physical and monitoring of a 24-hour emergency call-bell the residents' rooms. The proposed project would an exercise room, recreation room, library, lounges ining facilities. Outdoor recreational amenities e a pool and jacuzzi, shuffleboard, barbeque a gazebo, horseshoe pits, lawnbowling and a gardening The R-3 zone provides for consideration of professional care facilities by conditional use permit. A professional care facility is defined as a facility in which food, shelter and some form of professional service is provided such as nursing, medical, dietary, exercising or other medically recommended programs. III. ANALYSIS Planning Issues 1) Can all of the findings, necessary for approval of a conditional use permit be made? Specifically: a) 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 or to uses specifically permitted in the zone in which the proposed use is to be located. b) That the site for the intended use is adequate in size and shape to accomodate the use. c) That all of 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. d) That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. Discussion Staff believes that all of the findings, necessary for approval of the conditional use permit, can be made. Staff believes that the project would provide a desirable service and housing alternative to the community. The project would be essentially in harmony with the various elements and objectives of the General Plan including the Housing Element which establishes as a major goal, assuring "...an adequate diversity of housing, with types, prices, tenures and locations consistent with the age and economic characteristics of present and future residents." At 91 units, the project would have an overall density of 19.65 du's/ac, at the high end of the RMH (10-20 du's/ac) density range specified for the site by the Land Use Element of the | General Plan. Since the density of the proposed project is consistent with the zoning and land use designation, staff anticipates tha the project would not be detrimental to existing f or other permitted uses. Additionally, on-site parking would ,2^- > far exceed the requirement based on the maximum number of beds. Staff had initial concern regarding the potential conversion from a professional care facility to an apartment project. Although the two-bedroom units can be converted into two one- -2- 1 1 bedroom units, for professional care purposes, they would not comply with Uniform Building Code standards for habitable units. Each unit, by code, is required to include a kitchen. The units, therefore, would have to be rented as two-bedroom units. As a 91 unit project, the development would provide substantial amentities and be consistent with the permitted density range for apartments in this zone. The applicant has also submitted a conversion plan to indicate how additional parking could be provided to comply with apartment standards. Staff is recommending, as a condition of approval, that the applicant enter into an agreement with the City to operate the project as a professional care facility. Should the development be converted to a standard apartment project, the developer would be required to provide the additional parking. Staff believes that the site is adequate in size and shape to accommodate the proposed use. All setbacks would be observed and landscaped. A large portion of the site would be left in open space for active and passive recreation use. Staff anticipates that the project would be compatible with existing and permitted uses in the area. The neighborhood is currently in transition, including single-family and some multiple-family uses. Although the mass of the project would be greater than any existing development, the amount of area left in open space is also greater than a conventional multiple-family project. Additionally its location at the end of cul-de-sacs and minimal traffic generated should lessen any neighborhood impact. Staff believes that the street system serving the site is adequate to accommodate traffic generated by the proposed use. The applicant would be required to dedicate and improve additional property on both Laguna Drive and Knowles Avenue, including half cul-de-sacs. Typically, this type of use generates very little traffic. The applicant would also provide shuttle service for the residents. Finally, staff believes that the project is well located, within easy walking distance to the downtown area and shopping. The project's proximity to these services should encourage pedestrian circulation while de- emphasizing vehicular traffic. Overall, staff believes that the use is desirable, the project would be well located and that all findings necessary for approval of a conditional use permit can be made. IV. ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that this project will not have an adverse impact on the environment and, therefore, issued a Negative Declaration on September 26, 1984. -3- ATTACHMENTS 1) Planning Commission Resolution No. 2398 2) Location Map 3) Background Data Sheet 4) Disclosure Form 5) Reduced Exhibits 6) Environmental Document 7) Exhibit "A", dated January 9, 1985 8) Exhibit "B", dated November 20, 1984 9) Exhibits "C" - "I", dated June 26, 1984 CDN:bw 12/19/84 -4- LOCATION MAP \ LAS BUENA VISTA jwAY 1- co z o w KNOWLES FLORES^ CE LU -3 DAVIS PL «^/C9 LAGUNA DRi:j:;:i;ji:s:j SITE 1 VILLAS DE CARLSBAD I CUP-255 BACKGROUND DATA SHEET CASE NO: CUP-255 APPLICANT: Villas de Carlsbad REQUEST AND IDCATIOSI: A conditional use permit for a Professional Care facility on the north side of Laguna Drive, south side of Knowles Avenue and west side of 1-5 in the R-3 zone. LEGAL DESCRIPTICN: All of the West Half of the Southwest Quarter of the North- east Quarter of the Northwest Quarter and that portion of the East Half of the Southeast Quarter of the Northwest Quarter of the Northwest Quarter of Section 6, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the City of Carisbaa, County of San Diego, State of California, according to the Official Plat thereof, lying Westerly and Southwesterly of the Southwesterly line of the land described in Deed to the State of California, recorded June 12, 1970 as File Nb. 101788 of Official Records. APN: 155-272-17 Acres 4.64 Proposed No. of Lots/Units 91 GENERAL PIAN AND ZONING Land Use Designation RMH Density Allowed 10-20 Density Proposed 19.65 Existing Zone R^S Proposed Zone Surrounding Zoning and Land Use: Zoning Land Use Site R-3 Vacant North R-1 SFR's South R-P/R-1 SFR's East Freeway Freeway West R-3 SFR's/lyiulti PUBLIC FACILITIES School District Carlsbad Water Carlsbad Sewer Carlsbad EDU's Public Facilities Fee Agreement, dated June 26, 1984 ENVIRONMENTAL IMPACT ASSESSMENT X Negative Declaration, issued Septentoer 26, 1984 E.I.R. Certified, dated Other, If after the inforraation you have submittea has ceen reviewed, it as detfeHBirifi^i .that farther infonnation^^required, you will be so adj^ed. AGENT: APPLICANT: Villas de Carlsbad, Ltd. .... — — — , Name .(individual, partnership, joint venture, corporation, syndication) 1060 Eighth Ave.. Ste. 405, San Diego, CA 92101 Business Address 234-431(i —. Telephone Nuober Sillman/Wvman & Associates Naiae 10671 Roselle St., Ste. 200, San Diego, CA 9212r Business Address 4'^3-432n. MEMBERS: Telephone Number See Attached. Name -(individual, partner, joint Home iiddress venture, corporation, syndication) Business Address Telephone Nusiber Telephone Number Eome Address Business Address Teiephone Nuabar Telephone Jiunbcr (Attach more sheets if necessary) lA'e declare under penalty of perjury that the information contained in this dis- closure is true and correct and that it will remain true and. correct and may be* relied upon as being true and correct until amended. Villas de Carlsbad. Ltd. Applicant Agent, O-./nerX Parfnei