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HomeMy WebLinkAboutVillas De Carlsbad; 1985-08-21;. ’ Recording Requested by: City Clerk City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 When recorded mail to: City Clerk, -City,of Carlsbad 9200 ElmAvenue Carl'sbad; CA 5?2608 AGREEMENT IJ E F{ A :L ‘L “jJ( UF 3 couft-~ Y kiCO@?J This Agreement (Agreement) is made as of Ausust 21 _ , 1985, between VILLAS DE CARLSBAD, a limited partnership ("Vil- las") and the CITY OF CARLSBAD, a municipal corporation ("City") who agree as follows: 1. This Agreement is made in contemplation of the follow- ing facts; a. Villas is the owner of the real property described on Exhibit "A" attached hereto ("Property"). :. b. The City Council, by Resolution No. 7909 ("Resolu- L', tion"), upheld the Planning Commission's approval of a Con- ditional Use Permit to operate a professional care facility upon the Property. Numbered Paragraph 18 of the Resolution requires that Villas, prior to the issuance of any building permit, must enter into an agreement with City regardinq the project ("Project") to be located upon the Property. C. The execution and delivery by Villas to City of this Agreement will be in full satisfaction of the condition contained in numbered paragraph 18 of Resolution No. 7909. (12.114/2) 1 2. Villas shall operate the Project substantially in accordance with Carlsbad City Council Resolution No. 7909 and with the description contained in numbered paragraph II entitled "Project Description" of that certain staff report to the Plan- ning Commission dated January 9, 1985, the subject of which was CUP-255 Villas de Carlsbad. A copy of the Carlsbad City Council Resolution No. 7909 is attached hereto as Exhibit "B". A copy of the "Project Description" is attached hereto as Exhibit "C". 3. The parties acknowledge and agree that the provisions and conditions of this Agreement constitute covenants running with the land which will benefit and be binding upon subsequent owners of the Property. 4. Any written notice, demand or communication under or in connection with this Agreement may be given by personal service or by mailing the same via United States Mail, postage fully pre- paid, to the parties at the following addresses: To Villas de Carlsbad: VILLAS DE CARLSBAD 1060 Eighth Avenue, Suite 405 San Diego, CA 92101 With copy to: James R. Dawe, Esq. 3003-3043 Fourth Avenue San Diego, California 92103 To City: City Manager CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 With copy to: City Attorney CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 (12.114/2) 2 . I ii 2046 - Such notice, demand or communication shall be effective upon per- sonal service or 48 hours after deposit in the U.S. Mail ad- dressed in accordance with this numbered paragraph. 5. To the extent permitted by law, City shall be permitted to amend, modify or revoke the Conditional Use Permit or to amend the zoning designation of the property, after due notice and hear- ing and as provided by law, if necessary, to ensure the public health, safety and general welfare. 6. In the event Villas fails to comply with the provisions of this Agreement, City shall have the right to pursue specific performance as a remedy; provided, however, that the right to pursue specific performance as a remedy shall not be deemed to be the right to force Villas to remain in business e.g., as a professional care facility. Provided further, however, that if Villas chooses not to remain in business as a professional care facility, the property shall not be used for any other purpose or use (except as allowed pursuant to CUP - 255) unless the condi- tional use permit is amended or the proposed use is consistent with applicable zoning laws in existence at the time of conver- sion to another use. 7. The provisions of this Agreement shall be deemed to ob- ligate, extend to and inure to the benefit of the successors and assigns of the parties. (12.114/2) 3 8. All exhibits attached hereto are incorporated herein by this reference. VILLAS DE CARLSBAD, a limited partnership By: General Partner CITY OF CARLSBAD, a municipal corporation By: I hereby approve the form and legality of the foregoing Agreement this 2% day of ATTEST : (12.114/2) 4 STATE OF California t SS. ON August 22, ) 1985, COUNTV OF San Dieclo before me, the undersigned, a Notary Public in and for said State personally appeared William M. Chance and Ronald J. McEliiott +1.1tl C..” , known to me, to be Oh& of the partners of the partnership that executed the within Instrument, and acknowl- edged to me that such partnership executed the same. WITNESS mv hand and official seal. Deborah S. Gidcumb NAME (TYPED OR PRINTED) Notary Public in and for said State. PARTNERSHIP ACKNOWLEDGMENT FORM 7130 041 NATIONAL NOTARY ASSOCIATION l 23012 Ventura Blvd. l Woodland Hills. CA 91364 - 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 Southwest Quarter of the Northwest Quarter of the Northwest Quarter of Section 6, Township 12 South, Range 4 West, San Bernadino 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 of the State of California, recorded June 12, 1970 as File No. 101788 of Official Records. (12.114.A) Exhibit "A" . . .* . ‘. l . . * -. ‘1 2 3 4 5 6 7 s 1C 13 I! 2( 2: 21 2: -2d 2: 21 2' 21 c. -2049 c- RESOLUTION NO. 7909 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF A CONDITIONAL USE PERMIT FOR A 91 UNIT PROFESSIONAL CARE FACILITY CUP - 255 - VILLAS DE CARLSBAD. WHEREAS, a verified application for a variance for certain property to wit: 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 th northwest quarter of the northwest quarter of Section 6 Township 12 south, range 4 west, San Bernardino Base an Meridian, in the City of Carlsbad, County of San DiegO, State- of California, according to the official plat thereof, lying westerly and suothwesterly of the southwesterly line of the land described in Deed to the State of California, recorded June 12, 1970 ad File No. 101788 of Official Records. ? has been ‘filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, the Planning Commission did on the 9th day of January 1985 hold a duly noticed public hearing as proscribed t law to consider said application; and . WHEREAS, the Planning Commission did on said day after said public hearing approved the request for a conditional use permit CUP-255; and WHEREAS, the a council member appealed the decision of the Planning Commission to the City Council; and WHEREAS, on February 5, 1985 the City Council of the City of Carlsbad held a duly noticed public hearing as proscribe by-law'to consider said appeal and at said hearing after consideration of all of the evidence, testimony, argument of those persons present and desiring to be heard the City Council determined to deny the appeal. Exhibit "B" * ~ . iI . . . . . . - *. '1 2 3 4 5 6 7 a 9 10 I1 12 s z V G ia 19 I 20 21 22 23 24 25 I 26 27 28 b- -2050 (--- NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: A. Theat the foregoing recitations are true and correct. B. That based on the evidence presented at the public . hearing the City Council denies the applicant's appeal and approves Conditional Use Permit CUP-255 as shown on Exhibit A, attached hereto and made a part hereof, based on the following findings and subject to the following conditions: Findings: 1) 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, since: 2) 3) a) There is a-need for affordable-rental housing for senio citizens in close proximity to downtown Carlsbad b) Provision of affordable rental housing for senior citizens is consistent with the goals of the Housing Element of the General Plan cl The project is consistent with the City's General Plan since the proposed density of 19.65 du's/acre is within the density range of lo-20 du's/acre specified for this site as indicated on the land use element of the genera plan and ensures compatibility with existing or future permitted uses in the zone. If converted to an apartment project, the development would justify the overall density based on substantial recreation and ope space amenities in excess of those traditionally provided by a standard apartment project. * That the site for the intended use is adequate in size and shape to accomodate the use, since all of the buildings, parking, open space and other .amenities can be provided .on the site without reduction of the required setbacks. 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, since all of the setbacks would be provided and landscaped 2. I 11 1 * w . . ‘ - <’ . .l 2 3 . 4 4) ‘That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, since the project would generate relatively little traffic and the developer would widen and improve Knowles Avenue and- Laguna Drive at the project frontage. 5 5) This project wili not cause any significant environmental impacts and a Negative Declaration has been issued by the Land Use Planning Manager on September 26, 1984 and approved by the Planning Commission on January 9, 1985. 6 Conditions: 7 1) E S Approval is granted for CUP-255, as shown on Exhibit "A", dated January 9, 1985, Exhibit 'B", dated November 20, 1984 and Exhibits "C" - "I", dated June 26, 1984, incorporated b reference and on file in the Land Use Planning Office. Development shall occur substantially as shown unless otherwise noted in these conditions. 1c 13 2) 12 s 3 B lZ g4 a 6;%$ 14 40Ea OCZB "J& l! Ii '-IV I-$" - Jz ,A: a 20-2 rE 4 9 1' z V 3 l( > , 5 1 5 5 7 3 31 3 L 2 3 4 5 6 7 6 This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the City 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. 3.) This project is approved upon the express condition that th applicant shall pay a public facilities fee as required by City Council Policy No. 17, dated April 2, 1982, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant fo payment of said fee, a copy of that agreement, dated June 26, 1984, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan and approval for this project shall be void. l! e 2( 2: 21 2: 24 2! 2r 2’ 2r bii. 2051 (.- 4) 5) 6) 7) Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance. Water shall be provided to this project pursuant to the Water Service agreement between the City of Carlsbad and th Costa Real Water District, dated May .25, 1983. The applicant shall prepare a reproducible mylar of the final site plan incorporating the conditions contained herein. Said site pl*n shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits. The applicant shall prepare a detailed landscape and irri the i! ation plan which shall be submitted to and approved by and Use Planning Manager prior to the issuance of building permits. 3. . . .’ - . - ‘. . . . 1 2 3 4 5 6 7 s 1c 13 2( 2: 21 3' a1 .'. 2A 21 2( 2' 2r 8) 9) i0) 11) 12) 13) ._ 14) 15) 16) u 2052 All parking lot trees shall be a minimum of'15 gallons in size. * All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. Any signs proposed for this development shall be designed il conformance with the City's Sign Ordinance and shall requir review and approval of the Land Use Planning Manager prior G installation of such signs. 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 Land Use Planning Manager. All roof appurtenances, including air conditioners, shall b architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, pursuant to Building Department Policy No. 80-6, to the satisfaction of the Land Use Planning Manager and Building and Planning Director. Prior to issuance of a building permit, the Building Director shall review the architectural plans to ensure __ compliance with the State of California interior noise standard of 45 CNEL. At that time, any additional measures (thicker glazing, sound absorption material, or shielding o vents) to further attenuate the noise to acceptable level shall be required. This conditional use permit shall be reviewed by the Land Use Planning Mana'ger on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a significant detrimental impact on surround- ing properties or the public health and welfare. If the Land Use Planning Manager determines that the use has such significant adverse impacts or there is not substantial compliance, the manager shal.1 recommend that the Planning Commission, after providing the permittee the opportunity t be heard, add additional conditions to mitigate the significant adverse impacts. This permit may be revoked after a public hearing, if it is found that the use has a significant detrimental affect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. This conditional use permit granted by the City-shall be utilized within 18 months after the effective date thereof. Failure to utilize this conditional use permit within an 18 month period will automatically void the same. The developer shall construct a solid masonry wall along th westerly and easterly property lines prior to occupancy of the project, The precise location and design of said walls 4. , : 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 17) 18) 19) 20) 21) 22) 23) 24) 25) 26) b-m53 (-- shall be approved by the Land Use Planning Manager prior to issuance of building permits. A precise recreation plan and sidewalk plan shall be approved by the Land Use Planning Manager prior to issuance of building permits. Prior to the issuance of any building permits the applicant and the City shall enter into an agreement for operation of the project as a professional care facility. Said agreement shall include provisions for the poss.ible conversion to apartments and installation of additional parking in accord with Exhibit "A", dated January 9, 1985. Said agreement shall be transferable with the property should it be sold. In addition to the agreement, the City will accept and record the applicant's offer of a voluntary deed restriction limiting the use of the property to the operation of a professional care facility. The applicant shall submit an annual report to the Land Use Planning Manager. Said report shall address ages of occupants, number of persons within the project, and professional services provided. All on site parking spaces shall be available to the tenant of the project at no fee. This conditional use permit shall be recorded in the Office of the County Recorder. . If this project is converted to a residential use the applicant shall be required to obtain a letter from the 'Carlsbad School District indicating that the appropriate school fees have been paid. Should this project be converted to a residential use the developer shall be responsible for any other applicable fees in effect at that time which have not been previously paid. Engineering Conditions: The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. The grading for this project is defined as "controlled grading" by Section 11.06.170(a) of .the Carlsbad Municipal Code. Grading shall be performed under the,observation of civil engineer whose responsibility it shall be to coordinate site inspection and testing to insure compliance of the work with the approved grading.plan, submit required reports to the City Engineer .and verify compliance with Chapter 11.06 of the Carlsbad Municipal Code. No grading shall occur outside ihe limits of the project unless a letter of permission is obtained from the owners of the affected properties. 5; . ,l * . . . 4’. 1 2 3 4 5 6 7 8 9 10 11 12 5 18 19 20 21 22 ._ 23 .24 25 26 27 28 c +- 2054 27) -A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the city limits. 28) All slopes*within this project shall be no steeper than 2:l. '29) Prior to hauling 'dirt or construction materials-to any proposed construction site within this project the developer shall submit to and receive approval from the City Engineer for the proposed haul:route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. 30) The developer shall exercise special care during the construction phase of this project to prevent any off-site siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/detentio basins of type, size and location as approved by the Cit;r Engineer. The basins and erosion control measures shall be shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer prior to the start of any other grading operations. Prior to the removal of any basins or facilities so constructed the area served shall be protected by additional drainage facilities slope erosion control measures and other methods required o approved by the City Engineer. .The developer shall maintai the-t_empoyaryf&sXns and erosion control measures for a period of time &t~sf&to~ry t$ the City Engineer and shall guarantee their maintenance atid satisfactory performance through cash deposit and bonding in amounts and types suitable to the City Engineer. 31) Additional drainage easements and,drainage structures shall be provided or installed as may be required by the County Department of Sanitation and Flood Control or the City Engi- neer. 32) The developer shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the Site Development Plan. The offer shall be made prior to issuance of a building permit. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. 33) Improvements listed in this section shall be installed or agreed'to be installed by secured agreement by the developer before the issuance of any building permit. The developer shall obtain approval of the plans from the City Engineer and pay all associated fees and performance guarantees prior to issuance of any building permit. The developer shall install said improvements to the satisfaction of the City Engineer prior to issuance of a Certificate of Occupancy or occupancy of any portion of the project for any purpose. The improvements are: 6. . . l * . . . - ‘. ‘. . . .l 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . . *a) W cl d) d ! - oi ‘ 2055 ( - Laguna Drive from Davis Avenue to its terminus at Interstate 5 constructed to collector street standards on its northerly side plus an adjoining 12 foot wide lane immediately south of its centerline. Except for portions of the street fronting this project, no additional street right-of-way dedication will be required from this project. Knowles Avenue from its easterly intersection with Davi: Avenue to its terminus at Interstate 5 constructed to local street standards on its southerly side plus an adjoining 12 foot wide lane immediately north of its centerline except that sidewalks and street lights may be deleted from those portions of the street not fronting this project. Except for portions of the street fronting this project, no additional street right-of-way dedication will be required from this project. Standard cul-de-sacs at the termini of Knowles Avenue and Laguna Drive. The cul-de-sacs shall be constructed to City Standards to the maximum dimensions that the available right-of-way allow Storm drain and drain inlets intercepting the storm water flow from the existing 24 inch diameter storm drain pipes at the easterly terminus of Laguna Drive ant carrying said storm water to the existing curb inlet at the northwest corner of Davis Avenue and Laguna Drive. Storm drain pipes from this property shall enter the public storm drain at a curb inlet structure. Site grading shall be such as to maximize the site area served by this storm drain. If all of the following requirements are- met this sub- item may be omitted: 0 Flooding or street overflow during the loo-year. storm will not cause serious.damage. ii) The travelled lanes of the street will not be inundated in the lo-year storm. iii) When using six-inch curb, the water level is not within two inches of the top of the curb for the lo-year storm. iv) When using six-inch curb, the water level is not higher than the top of the curb for the 50-year storm. VI The water velocity is not to exceed 11 feet per second. vi) The.overland travel of storm water from the xrost remote-source to the southwesterly.corner of the project does not exceed 1000 feet. vii) The Developer provides a satisfactory' method of introducing storm water from the existing 24-inch diameter storm drain pipes at the easterly terminu of Laguna Street onto Laguna Street. Street lights on the public street frontage of the project. 7. . . . * . ..I . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 : 24 25 26 27 28 34) 35) 36) 37) 38) 39) C’ - . Q 2056 c --- \ -Unless a standard variance has been issued, no variance from City Standards are authorized by virtue of approval of this project plan. The developer shall comply with all the rules, regulations and design'requirements of the respective sewer and water agencies regarding services to the project. The developer shall construct a water main across the subject property, between Laguna Drive and Knowles Avenue. These improvements shall be installed or.agreed to be installed by secured agreement by the developer before the issuance of any building permit. The developer shall obtain approval of the plans from the City Engineer and pay all associated fees and performance guarantees prior to issuance of any building permit. The developer shall install said improvements to the satisfaction of the water district and City Engineer prior to issuance of a Certificate of Occupancy or occupancy of any portion of the project for any purpose. The applicant shall install sidewalks to city standards-on the north side of Laguna between the westerly project boundary and the east side of Davis Street. Prior to the issuance of a building permit for the project the developer shall pay for half of the installation of a traffic signal at the intersection of Jefferson Street and Laguna Drive to the satisfaction of the City Engineer. 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. _, . . -All plans, specifications, and supporting documents for the improvements of this project shall be signed and sealed by the Engineer in responsible charge of the work. Each sheet shall be signed and sealed, except that bound documents may be signed and sealed on their first page. Additionally the first sheet of each set of plans shall have the following certificate: .DECLARATIOW OF RESPOWSIBLE CBARGE" I hereby declare that I am the Engineer of Work for this project, that I have exercised responsible charge over the design of the project as defined in Section 6703 of the Business'and Professions Code, and that the design is consistent with current standards. I understand that the check of project drawings and specifications by the City of Carlsbad is confined to a review only and does not relieve me, as Engineer of Work, ol my responsibilities for project design. (N-m Address and Telephone of Engineering firm) 8. - . i * 5 b . .- .- . l . .- '1 2 3 4 5 6 7 8 9 10 11 li 0 s $ 12 da -34 ,;:a l4 *Wt OtLDZ WuO -,t+ 1: i;oza I-&-” Ez ,,;i 1f 20-3 55 a > 4 l’i 5 1E II 2c 23 2: 21 . 24 2: 2t 2'; -Firm: I Address: city, st.r Telephone: BY (Name of Engineer) Date: . R.C.E. NO; # 40) The developer shall provide the City with a reproducible mylar copy of the site plan as approved by the Planning Commission. The site plan shall reflect the conditions of approval by the City. The plan copy shall be submitted to the City Engineer prior to improvement plan submittal. Fire Conditions: 41) 421 43) 44) 45) 46) . . . . . . .*. . . . . . . Prior to the issuance of building permits, complete buildin plans shall be submitted to and approved by the Fire Department. Additional public and/or on site fire hydrants shall be provided if deemed necessary by the Fire Marshal. All required fire hydrants, water mains and--appurtenances shall be operational prior to combustible building material being located on the project site. Proposed security gate systems shall be provided with "Knox key operated override switch, as specified by the Fire De- partment. All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department fo approval prior to construction. Building exceeding 10,000 sq.ft. aggregate floor area shall be sprinklered or have four-hour fire walls with no opening therein which shall split the building into 10,000 sq.ft. (or less) areas. 9. . .L. - ‘. . . : - * P 8. 1 2 3 4 5 6 7 8 9 10 11 12 0 3 18 19 20 21 22 23 : 24 25 26 27 28 0, 2058 (- PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 19th day of February 198! by the following vote, to wit: AYES: cOuncilM3rbers Casler,~~,Kulchin,~ickandpettine NOES: MIX? . ABSENT: None ATTEST: LLczLL-#? R ALETHA L. RIkTE 10. ’ \ I / 1. - . BUEJW ‘. .-‘Y \( :.. VILLAS DE CARLSBAD - 1, rb II. PROJECT DESCRIPTION The applicant is requesting the approval of a conditional use permit for a Professional Care facility, on 4.6 acres, located as described above. The sub]ect 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 have the capability of being converted into two, one-bedroom units, one with a kitchen and one without. The project is designed for active retired residents over the age of 55. A clinic staff would be available for routine physical examinations and monitoring of a 24-hour emergency call-bell sys- tem from the residents’ room. The proposed project would also provide an exercise room, recreation room, library, lounges and common dining facilities. Outdoor recreational amenities would include a pool and jacuzzi, shuffleboard, barbeque facilities, a gazebo, horseshoe pits, lawnbowling and gardening area. The R-3 zone provides for consideration of professional care fa- cilities by conditional use permit. A professional care facili- ty is defined as a facility in which food, shelter and some form of professional service is provided such as nursinq, medical, dietary, exerclslnq or other medically recommended proqrams. (12.114.C) Exhibit “C”