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HomeMy WebLinkAbout1985-02-05; City Council; 8055; Appeal of Conditional Use PermitCARLSBAD - AGEND/ 1ILL AR4 Fb &£' MTfi 2/5/85 DFPT PLN ' * * '-'-• APPEAL OF A CONDITIONAL USE PERMIT FOR A 91 UNIT PROFESSIONAL CARE FACILITY. CUP-255 - VILLAS DE CARLSBAD HFPT. HD. W$ft CITY ATTY^^S PJTY MGR. ^*" U< OU RECOMMENDED ACTION: The Planning Commission and staff would recommend that the City Council UPHOLD the Planning Cotmission decision to APPROVE CUP-255. ITEM EXPLANATION The applicant has requested approval of a conditional use permit for a 91 unit professional care facility on 4.6 acres located just west of 1-5 between Laguna Drive and Knowles Avenue. This item was appealed by a councilmerriber for council review. A professional care facility is defined in the ordinance as a facility in which food, shelter and some form of professional service such as nursing is provided. The project is located in the R-3 zone which permits this type of facility with a conditional use permit. 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 system from the residents' rooms. 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, barbegue facilities, a gazebo, horseshoe pits, lawnbowling and a gardening area. Both staff and the Planning Commission had concerns regarding the possible conversion of this facility, if unsuccessful, to a residential use. With 91 units, the density would be at 19.65 du/acre, at the high end of the 10-20 RMH range. The developer has been conditioned to enter into an agreement with the city to operate the project as a professional care facility. In the event that a conversion does occur, conditions have been added that would provide for additional parking, so that the project would meet apartment standards. At their hearing of January 9, the Planning Commission approved the project with several additional conditions. They conditioned the developer to construct an off site sidewalk on the north side of Laguna Drive between the project and Davis Street. They also conditioned the applicant to install a signal or other device at the intersection of Jefferson Street and Laguna Drive if the Traffic Safety Committee determines that such a device is necessary. For further information please see the attached staff report to the Planning Commission. FISCAL IMPACT At the time of development, the applicant will provide all required public improvements to serve the project. In addition, the applicant has agreed to pay a public facilities fee to offset the cost of providing other public services to the project. Page 2 of Agenda Bill # ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that this project will not cause any significant environmental impacts and, therefore, has issued a Negative Declaration, dated September 26, 1984, vjhich was approved ty the Planning Connission on January 9, 1985. A copy of the environmental documents is on file in the Land Use Planning Office. EXHIBITS 1. Location Map 2. PC Resolution No. 2398 3. PC Staff Report dated January 9, 1985 LOCATION MAP FLORES- SITE VILLAS DE CARLSBAD CUP- PLANNING COMMISSION RESOLUTION NO. 2398 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO PERMIT A 91 UNIT PROFESSIONAL CARE FACILITY ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF 1-5 BETWEEN LACUNA4 DRIVE AND KNOWLES AVENUE. APPLICANT: VILLAS DE CARLSBAD 5 CASE NO.: CUP-255 10 11 12 17 18 21 22 23 24 25 26 27 28 WHEREAS, a verified application has been filed with the Planning of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on the 9th day of January, 1985, hold duly noticed public hearing to consider said application on property •I "Z •L'J described as: 14 All of the West Half of the Southwest Quarter of the Northeast Quarter of the Northwest Quarter and that portior1J) 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 th« land described in Deed to the State of California, recorde June 12, 1970 as File No. 101788 of Official Records. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to CUP-255. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, tlv Planning Commission APPROVES CUP-255, based on the following findings and subject to the following conditions: located, since: 5 a) There is a need for affordable rental housing for senior 6 7 8 9 10 11 12 project. 13 2) That the site for the intended use is adequate in size and 14 15 16 17 18 19 20 21 22 23 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 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 c) 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 10-20 du's/acre specified for this site as indicated on the land use element of the general 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 open space amenities in excess of those traditionally provided by a standard apartment 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. 3) 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 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) This project will 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. 24 25 26 27 28 PC RESO NO. 2398 -2- Conditions; 1) Approval is granted for CUP-255, as shown on Exhibit "A", date}j January 9, 1985, Exhibit "B", dated November 20, 1984 and Exhibits "C" - "I", dated June 26, 1984, incorporated by reference and on file in the Land Use Planning Office. Development shall occur substantially as shown unless otherwis noted in these conditions. 2) 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 sewe facilities are available at the time of application for such sewer permits and will continue to be available until time of 8 occupancy 9 3) This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by 10 Council Policy No. 17, dated April 2, 1982, on file with the City Clerk and incorporated herein by reference, and according 11 to the agreement executed by the applicant for payment of said fee, a copy of that agreement, dated June 26, 1984, is on file 12 with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will not be 13 consistent with the General Plan and approval for this project shall be void. 14 4) Approval of this request shall not excuse compliance with all 15 sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance. 16 5) Water shall be provided to this project pursuant to the Water 17 Service agreement between the City of Carlsbad and the Costa Real Water District, dated May 25, 1983. 18 6) The applicant shall prepare a reproducible mylar of the final 19 site plan incorporating the conditions contained herein. Said site plan shall be submitted to and approved by the Land Use 20 Planning Manager prior to the issuance of building permits. 21 7) The applicant shall prepare a detailed landscape and irrigatioi plan which shall be submitted to and approved by the Land Use 22 Planning Manager prior to the issuance of building permits. 23 8) All parking lot trees shall be a minimum of 15 gallons in size. 24 9) All landscaped areas shall be maintained in a healthy and 25 thriving condition, free from weeds, trash, and debris. 26 //// 27 //// 28 //// PC RESO NO. 2398 ~3~ 1. 10) Any signs proposed for this development shall be designed in 2 3 4 5 Manager, 6 12) All roof appurtenances, including air conditioners, shall be 14 15 16 17 18 19 20 22 23 24 25 26 27 28 conformance with the City's Sign Ordinance and shall require review and approval of the Land Use Planning Manager prior to installation of such signs. 11) 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 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. 13) 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 of vents) to further Planning Manager 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 shall recommend that the Planning Commission, after providing the permittee the opportunity to 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. 21 15) 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. 16) The developer shall construct a solid masonry wall along the westerly and easterly property lines prior to occupancy of the project. The precise location and design of said walls shall be approved by the Land Use Planning Manager prior to issuance of building permits. 17) A precise recreation plan and sidewalk plan shall be approved by the Land Use Planning Manager prior to issuance of building permits. PC RESO NO. 2398 -4- 7 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 18) Prior to the issuance of any building permits the applicant an the City shall enter into an agreement for operation of the project as a professional care facility. Said agreement shall include provisions for the possible 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. 19) 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. 20) All on site parking spaces shall be available to the tenants of the project at no fee. 21) This conditional use permit shall be recorded in the Office of the County Recorder. 22) 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. 23) 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; 24) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 25) 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 a 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. 26) No grading shall occur outside the limits of the project unless a letter of permission is obtained from the owners of the affected properties. 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 2:1. -5-PC RESO NO. 2398 f 1. 29) Prior to hauling dirt or construction materials to any proposed 2 3 4 5 6 7 8 9 10 11 12 13 Engineer 14 31) Additional drainage easements and drainage structures shall be 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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/detention basins of type, size and location as approved by the City 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 or approved by the City Engineer. The developer shall maintain the temporary basins and erosion control measures for a period of time satisfactory to the City Engineer and shall guarantee their maintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the City 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: PC RESO NO. 2398 -6- a) Laguna Drive from Davis Avenue to its terminus at 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 Interstate 5 constructed to collector street standards on its northerly side plus an adjoining 12 foot wide lane immediately south 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. b) Knowles Avenue from its easterly intersection with Davis 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. c) 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 d) 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 and 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: i) Flooding or street overflow during the 100-year storm will not cause serious damage, ii) The travelled lanes of the street will not be inundated in the 10-year storm, iii) When using six-inch curb, the water level is not within two inches of the top of the curb for the 10- year storm, iv) When using six-inch curb, the water level is not higher than the top of the curb for the 50r-year storm, v) The water velocity is not to exceed 11 feet per second, vi) The overland travel of storm water from the most 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 terminus of Laguna Street onto Laguna Street. e) Street lights on the public street frontage of the project PC RESO NO. 2398 -7- 1 34) Unless a standard variance has been issued, no variance from City Standards are authorized by virtue of approval of this project plan. 3 35) The developer shall comply with all the rules, regulations and 4 5 6 7 8 9 10 11 12 13 14 15 19 20 21 22 23 24 25 26 27 28 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. 36) 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. 37) A signal light or other device shall be installed by the developer prior to occupancy at the intersection of Jefferson Street and Laguna Drive if recommended by the Traffic Circulation Committee. This item shall be reviewed by the Traffic Safety Committee prior to the issuance of building permits. 16 38) All private driveways shall be kept clear of parked vehicles at 17 all times, and shall have posted "No Parking/Fire Lane Tow Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code. 18 39) 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: "DECLARATION OF RESPONSIBLE CHARGE" 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, of my responsibilities for project design. (Name, Address and Telephone of Engineering firm) PC RESO NO. 2398 -8- 1 Firm: 2 Address: 3 City, St.: 4 Telephone: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 25 26 BY Date: (Name of Engineer) 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. 41) In the event of a future utilization of the buildings for other than a senior housing complex, applicant shall bear the full cost of installing a traffic signal at the intersection of Jefferson and Laguna or at Jefferson and Las Flores, or at Laguna and State as directed by the City Engineer. Fire Conditions: 42) Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department. 43) Additional public and/or on site fire hydrants shall be provided if deemed necessary by the Fire Marshal. 44) All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site. 45) Proposed security gate systems shall be provided with "Knox" key operated override switch, as specified by the Fire De- partment . 22 46) All fire alarm systems, fire hydrants, extinguishing systems, 23 automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approval 24 prior to construction. 47) Building exceeding 10,000 sq.ft. aggregate floor area shall be sprinklered or have four-hour fire walls with no openings therein which shall split the building into 10,000 sq.ft. (or less) areas. 27 28 PC RESO NO. 2398 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 9th day of January, 1985, by the following vote, to wit: AYES: Chairman Farrow, Commissioners Schlehuber, Marcus, McFadden and Smith. NOES: None. ABSENT: Commissioners L'Heureux and Rombotis. ABSTAIN: None. VERNON J. FARROW, JR., Chairman CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOLZMILLER LAND USE PLANNING MANAGER PC RESO NO. 2398 -10- 13 APPLICZ. ON SUBMITTAL DATE: JUNE 25 , 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 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 system from the residents' rooms. 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 a gardening area. 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 or other permitted uses. Additionally, on-site parking would 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- 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 Hap 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- 17 BACKGROUND DATA SHEET CASE NO: CUP-255- APPLICANT: Villas de Carlsbad REQUEST *ND LOCATION: 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 DESCRIPTION: 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 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. APN; 155-272-17 Acres 4.64 Proposed No. of Lots/Units 91 GENERAL PLAN AND ZONING Land Use Designation RMH Density Allowed 10-20 Density Proposed 19.65 Existing Zone R-3 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/Multi PUBLIC FACILITIES School District Carlsbad Water Carlsbad Sewer Carlsbad EDO's Public Facilities Fee Agreement, dated June 26, 1984 ENVIRONMENTAL IMPACT ASSESSMENT X Negative Declaration, issued September 26, 1984 E.I.R. Certified, dated Other, If ftar the information you have submitted has cetn teviewea, it is determines. . - .. _ information ••''«' required, you will be so adv;-ed..-that further APPLICANT: Villas de Carlsbad. Ltd. ; Name .(individual, partnership, joint venture, corporation, syndication) 1060 Eighth Ave., Ste. 405, San Diego. CA 92101 Business Address AGENT: Telephone Number Sillman/Wvman & -Associates- Name 10671 Roselle St., Ste. 200, San Diego. CA 92121" Business Address MEMBERSt Telephone Number See Attached. Name '(individual, partner, joint, venture, corporation, syndication) Home Address Business Address Telephone Nuaber Telephone Number Borne Address Business Address Telephone Nuaber Telephone lumber (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 Carlsbad. Ltd. Applicant Agent, Ou*ner,l VILLAS DE CARLSBAD SILLMAN/^YMAN&ASSpCIA^ £= VILLAS DE CARLSBAD 5ILLMAN / IVYMAN & ASSOCIATES C= x B oo VILLAS DE CARLSBAD a BE [pji 0:'3,B -H— 1 •„ - 1 T* --£- * •iu_J it '•--ifTi-T r r > .-* -9 'i.VILLAS DE CARLSBAD 5ILLMAN / tVYMAN & ASSOCIATES SS JANUARY 18, 1985 TO: CITY CLERK FROM: COUNCILMEMBER LEWIS APPEAL OF PLANNING COMMISSION DECISION ON CUP-255 (VILLAS DE CARLSBAD) This is to formally request that the City Council review the decision of the Planning Commission in approving the above- referenced project. The project is at the very maximum of the density range specified for this site (19.65 units per acre). I am concerned about traffic circulation in the area and the compatibility of the project with the surrounding neighborhood. Please schedule this ij February 5, 1985. for the City Council meeting of "A.v LEWIS Councilmember CAL/ar Attachment: Location Map LOCATION MAP FLORES* SITE | VILLAS DE CARLSBAD* Carlsbad Journal 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, ss COUNTY OF SAN DIEGO, 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 principal clerk of the printer of the Carlsbad Journal 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 HEARINGAPPEAL CUP-255 NOTICE IS HEREBY GIVEN that the City Council of the City of Carls- bad will hold a public hearing at the City Council Chambers. 1200 Elm Avenue, Carlsbad, California, at 6:00 P.M. on Tuesday, February 5, 1989, to consider an appeal of the Planning Commission approval of a Conditional Use Permit to allow de- velopment of a 91 unit senior citizen apartment project on prop- erty generally located on a 4.68 through lot on (he north side of Laguna Drive, so'uth side of Knowles Avenue and west side of ' 1-5, and more particularly de- scribed as: All of the West Half of the South- west Quarter of the Northeast Quar- ter of the Northwest Quarter and that portion of the East Half of theSoutheast 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 Carls- bad, County of San Diego, State of California, according to the Official Plat thereof, lying Westerly and Southwesterly of the Southwesterlyline of the .land described in Deed to the State of California, recorded June 12,1970, as File No. 101788 of Official Records. If you challenge the (nature of the proposed action) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written corre- spondence delivered to the City of Carlsbad at or prior to the publichearing. CARLSBAD CITY COUNCIL \ VILLAS OE CARLSBAD CUP-255 January 23 19 85 19 19 19 19 I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on the 23rd of .TarmaT-v . 1 Qft Rday ^ V\rv Clerk of the Printer CJ 3027: January 23.1985 NOTICE OF PUBLIC HEARING APPEAL CUP-255 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, February 5, 1985, to consider an appeal of the Planning Commission approval of a Conditional Use Permit to allow development of a 91 unit senior citizen apartment project on property generally located on a 4.68 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 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. If you challenge the (nature of the proposed action) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. PUBLISH: January 23, 1985 CARLSBAD CITY COUNCIL SITE OAVIS I P ELAQUNA |° VILLAS DE CARLSBAD CUP-255 o U)CD 0°> m 0> CO CO M <S O H- (Tl M 0^ (D W * SnQ _ fi)$$2m en (D f' £ otn O> JANUARY 18, 1985 TO: CITY CLERK FROM: COUNCILMEMBER LEWIS APPEAL OP PLANNING COMMISSION DECISION ON CUP-255 (VILLAS DE CARLSBAD) This is to formally request that the City Council review the decision of the Planning Commission in approving the above- referenced project. The project is at the very maximum of the density range specified for this site (19.65 units per acre). I am concerned about traffic circulation in the area and the compatibility of the project with the surrounding neighborhood. Please schedule this ij February 5, 1985. for the City Council meeting of \DDTT'A. LEWIS Councilmember CAL/ar Attachment: Location Map 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 development of a 91 unit senior citizen apartment 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 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 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 COMMISSION SITE VILLAS DE CARLSBAD CUP-255 UJ•t«•Jt ooir*roi»>in«j"I>0in It h iM J: it S8 S J IM I -IC CO I -* in «M 3 ~ -oo -o IM 52°t-cnaeS^2 8 *vr> »-«» ae uiocuov ««oOut VMM •-KMTUO.*d «5! IP <O«AOI% ^^otnn«A « O i SU^m —Xcnui •->aea inIM co wt 8 oS! 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