Loading...
HomeMy WebLinkAbout1990-03-13; City Council; 10525; Ayres Senior Center Planning Commission AppealCIPr- 3F CARLSBAD - AGEND. -3ILL 43 am iB#+ HTG. 3/13/90 IEPT. PLN TUAPPROVAL OF DOCUMENTS GRANTING AN APPEAL OF A PLANNING COMMISSION DENIAL OF CUP 88-21 AND SUP 89-5 AYRES SENIOR CENTER IDEPT. HD.~ RECOMMENDED ACTION: That the City Council ADOPT City Council Resolution No. 90-53 APPROVING the Conditional Negative Declaration issued by the Planning Director, and ADOPT City Council Resolution No. qfl-5-Y and 90-55 , APPROVING CUP 88-21 and SUP 89-5, based on the findings and subject to the conditions contained therein. ITEM EXPLANATION On February 20, 1990 the City Council considered an appeal of the Planning Commission denial of a Conditional Use Permit for a 173 unit senior citizen professional care facility on 5.92 acres, and a Special Use Permit required by the El Camino Real Corridor Development Standards, on property generally located at the southwest corner of El Camino Real and Alga Road. The Council indicated an intention to grant the appeal and directed staff to return with documents of approval and appropriate conditions. The Council directed staff to add or modify proposed conditions of approval originally prepared for the project to address a number of concerns. The new or modified conditions relate to providing security for the conversion plan, reducing the amount of parking allocated for the units so that parking can be reserved for employees and visitors, and requiring enclosed covered walkways to the dining facility. These conditions are included in the attached City Council Resolution approving the Conditional Use Permit as conditions 13(f), 14, 29 and 30 respectively. ENVIRONMENTAL REVIEW The Planning Director has determined that the project could have a significant effect on the environment, however: there will not be a significant effect in this case because the mitigation measures described in the initial study have been added to the project . A Conditional Negative Declaration was issued on October 18, 1989 and is recommended for adoption by the City Council. FISCAL IMPACT None. EXHIBITS 1. City Council Resolution No. 90 -53 2. City Council Resolution No. q6 s’y 3. City Council Resolution No. old 55 4. Excerpts from City Council Minutes dated February 20, 1990 1- - . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 90-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A CONDITIONAL NEGATIVE DECLARATION FOR A CONDITIONAL AND SPECIAL USE PERMIT TO DEVELOP A 173 UNIT SENIOR CITIZEN PROFESSIONAL CARE FACILITY. CASE NAME: AYRES SENIOR CENTER. CASE NO.: CUP 88-21/SUP 89-5 WHEREAS, the City Council of the City of Carlsbad, did on the 20th day of February, 1990, hold a duly noticed public hearing as prescribed by law to consider said request, and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the C Council considered all factors relating to the Conditional Negat Decl arat i on. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council follows: A) That the foregoing recitations are true and correct. ve as B) That based on the evidence presented at the public hearing, the City Council hereby approves the Conditional Negative Declaration according to Exhibit "ND", dated October 18, 1989, and I'PII", dated August 3, 1989, and the mitigation monitoring program outlined in appendix "Pll, attached hereto and made a part hereof, based on the following findings: Fi ndi nqs : 1. The initial study shows that the proposed project could have a sign impact on the environment, however, there will not be a significant in this case because the mitigation measures described in the study have been added to the project. ficant impact nitial 2. The site has been previously graded pursuant to an earlier environmental analysis. 3. The streets are adequate in size to handle traffic generated by the proposed project according to the traffic report provided that mitigating conditions of approval are complied with. 4. There are no sensitive resources located onsite or located so as to be significantly impacted by this project provided that mitigating conditions of approval are complied with. 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 Conditions: 1. This project if approved s subject to all conditions contained in City Council Resolution Nos. 90-54 and 90-55 plus compliance with the following mitigating conditions: A. Earth and Water - Runoff from this project is conveyed to environmentally sensitive areas. The developer shall provide adequate means of eliminating grease and oils from drainage prior to discharge. Plans for such improvements shall be approved by the City Engineer prior to issuance of any building permits for the site. B. Noise - The following requirements shall be noted on the building plans: I. The required glazing for the project to meet the State and City interior noise criteria of 45 dB CNEL is as follows: a. Standard single strength glass, or windows with a Sound Transmission Class (STC) rating of 22 or greater for all windows on all elevations of all units of the project. b. All sliding glass doors (SGD) shall be 3/16 inch glass. c. All entry doors shall be 1 3/4 inch solid core. 11. Since windows and doors must be closed to meet the interior noise standard, mechanical ventilation which meets the air change requirements of the UBC must be provided in units shaded on the site plan of the project attached to the initial study. Where windows are required to be unopenable or kept closed in order to meet the interior noise standards, mechanical ventilation and cooling, if necessary, shall be provided to maintain a habitable environment. The system shall supply two air changes per hour to each habitable room including 20% (one-fifth) fresh make-up sir obtained directly from the outdoors. The fresh air inlet duct shall be of sound attenuating construction and shall consist of a minimum of ten feet of straight or curved duct or six feet plus one sharp 90 degree bend. C. TransDortation/Circulation - Participate in the re-construction of the Alga Road/El Camino Real Intersection as required by the Zone 6 Local Facilities Management Plan. 2 1 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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 13th day of March , 1990, by the following vote, to wit: AYES: Council Members Lewis, Mamaux and Larson NOES: Council Member Pettine ABSENT: Council Member Kulchin ABSTAIN: None ATTEST: &THA UAMNKWZ, City Clerk KAREN R. KUNDTZ, Deputy City Clerk (SEAL) 3 CONDmONAL NEGAM DECLARATION PROJECT ADDRESS/LOCATION: Southwest corner of El Camino Real and Alga Road. PROJECT DESCRIPTION: A 173 unit Senior Citizen apartment project with a community center building, pool, reflection pond, tea house, walking course and two underground parking , garages on 5.92 acres. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Conditional Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Conditional Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within thirty (30) days of date of issuance. DATED: October 18, 1989 CASE NO: CUP 88-21/SUP 89-5 Planning Director APPLICANT: Robert J. Royce, A.I.A. PU8LISH DATE: October 78,1989 DN:kd - 2075 Las Palmas Drive - Carlsbad. California 92009-4859 (619) 438-1 161 November 16, 1989 Don Meu City of Carlsbad 2075 Las ?almas Drive Carlsbad, CA 92009 Ayres Senior Citizen APartments SCH# 89010039 Dear Mr. Meu: The State C1earinghouse subitted the above rupard environmntal document to relected state agencies for r8vi.w. The t@ViW period is clorod and none of the state agmcier ham conmnta. Thir letter acknowledge# that you have complied with the State Clearinghoure review requirements for draft enviroxment.1 doc-ts* pursuant to the California Eavfronmental Quality Act. Pleare call Garrett AaUey at (916) 44s-0613 if you have any questions cegarding the ezkvironnuntal revfew procerr. When contrctisrg the Clearinghouse in this matterr plearr use the eight-digit State Cloariaghoure number so that v. au7 respond prolllptlt. . David C. Nun.nluprp Deputy Director, Permit Assistance I. 1. 2. 3. 11. - cxhLj it "? : I" r- 4 ENVIR0NMf;rCPAL IMPAGT ASgESSMENT FORM - PART XI (TO BE COMPETED BY THE PLANNING DEPARTMENT) 89-5 CASE NO. CUP 88 - 21ISUP DATE : 1 BACKGROUNP APPLICANT: Robert J . Rovce. A 0. I A. ADDRESS AND PHONE NUMBER OF APPLICANT: 2956 Roosevelt St., #3 Carlsbad. CA 92008 1619) 434 - 6529 DATE CHECK LIST SUBMITTED: (Explanations of all Affirmative Answers are to be written under Section I11 - Discussion of Environmental Evaluation) 1. Earth - Will the proposal have significant results in: a. b. C. d. e. f. Unstable earth conditions or in changes in geologic substructures? Disruptions, displacements, compaction or overcovering of the soil? Change in topography or ground surface relief features? The destruction, covering of modification of any unique geologic or physical features? Any increase in wind or water erosion of soils, either on or off the site? Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel or a river or stream or the bed of the ocean or any bay, inlet or lake? XES MAYBE x X X x MAY BE ' 2. - Will the proposal have significant results in: a. Air emissions Or deterioration of ambient air quality? b. The creation Of objectionable odors? c. Alteration of air movement, moisture or temperature, or any change in climate, either locally or regionally? 3. Water - Will the proposal have significant results in: a. Changes in currents, or the course or direction of water movements, in either marine or fresh waters? b. Changes in absorption rates, drainage patters, or the rate and amount of surface water runoff? c. Alterations to the course or flow of flood waters? d. Change in the amount of surface water in any water body? e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to, temperature, dissolved oxygen or turbidity? f. Alteration of the direction or rate of flow of ground waters? g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? h. Reduction in the amount of water otherwise available for public water supplies? X X X x X X X x X X x -2- -. - YES :; 0 MAYBE - " 4. ant Life - Will the proposal Eve significant results in: a. Change in the diversity of species, or numbers of any species of plants (including trees, shrubs, grass, crops, microflora and aquatic plants)? X b. Reduction of the numbers of any unique, rare or endangered species of plants? X c. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? d. Reduction in acreage of any agricultural crop? X X 5. a1 Life - Will the proposal have significant results in: a. Changes in the diversity of species, or numbers of any species of animals .(birds, land animals including reptiles, fish and shellfish, benthic organisms, insects or microfauna)? X b. Reduction of the numbers of any unique, rare or endangered species of animals? X c. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? x d. Deterioration to existing fish or wildlife habitat? x 6. Yoise - Will the proposal significantly increase existing noise levels? x 7. aht and Gm - Will the proposal sig- nificantly produce new light or glare? X 8. md Use - Will the proposal have significant results in the alteration of the present or planned land use of an area? x -3- - - 9. K3tural Resour ces - Will the proposal h-ve significant results in: a. Increase in the rate of use of any natural resources? b. Depletion of any nonrenewable natural resource? 10. Risk of Unsef - Does the proposal involve a significant risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? 11. ulation - Will the proposal signif- ’ icantly alter the location, distribu- tion, density, or growth rate of the human population of an area? 12. Bousinq - Will the proposal signif- icantly affect existing housing, or create a demand for additional housing? 13. TransDortation/Circmtion - Will the proposal have significant results in: a. Generation of additional vehicular movement? b. Effects on existing parking facili- ties, or demand for new parking? c. Impact upon existing transportation systems? d. Alterations to present patterns of circulation or movement of people and/or goods? e. Alterations to waterborne, rail or air traffic? f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? MAY BE X X X X ., A .I X x X v X -4- .- c - YES 14. Public Sen ices - Will the proposal have icant results in the need for new or altered governmental services in any of the following areas: . a significant effect upon, or have signif- a. Fire protection? b. Police protection? c. Schools? d. Parks or other recreational facilities? e. Maintenance of public facilities, including roads? f. Other governmental services? 15. aerav - Will the proposal have significant results in: a. Use of substantial amounts of fuel or energy? MAYBE - NO X X X X X W x b. Demand upon existing sources of energy, or require the development of new sources of energy? 16. Utilities - Will the proposal have significant results in the need for new systems, or alterations to the following utilities: a. Power or natural gas? b. Communications systems? c. Water? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? 17. Human Heal- - Will the proposal have significant results in the creation of any health hazard or potential health hazard (excluding mental health)? X X -5- - 18. 19. 20. 21. -- - YES MAY BE Aesthetic? - Will the proposal have significant results in the obstruction of any scenic vista or view open to the public, or Will the proposal result in creation of an aesthetically offensive public view? Recreat ion - Will the proposal have significant results in the impact upon the quality or quantity of existing recreational opportunities? Archeoloaical/H istorical/P aleontoloa ical - Will the proposal have significant results in the alteration of a significant archeological, paleontological or historical site, structure, object or building? Analyze viable alternat ives to the DroDo sed Droiect such as: a) Phased development of the project, b) alternate site designs, c) alternate scale of development, d) alternate uses for the site, e) development at some future time rather than now, f) alter- nate sites for the proposed, and g) no project alternative. The project proposes development of 173 senior citizen apartments on a 5.92 acre site. The project includes an on-site community center building, a pool, reflection pond, tea house, a walking course, and two underground parking garages containing a total of 107 parking spaces. The site has been previously graded out to two pads with a slope of 15 feet between them. The site is lower in elevation than El Camino Real and Alga Road. To the north of the site is Alga Road and the future Plaza Paseo Real (Von Der Ahe) Commercial/Governmental Center approved by the City Council on March 21, 1989. To the south are single family residences and to the west is the 36 unit Seaport Villas Condominium project. To the east is El Camino Real and Multiple Family Units. The project will be developed to be compatible with adjacent developments as it is surrounded on three sides by public streets and a 100 foot buffer will be provided from properties to the south due to an S.D.G.&E. easement. a) Phasing of the project would not be a significantly environmentally superior alternative as on-site infrastructure and amenities would need to be constructed in their entirety for even a portion of the project reducing any benefits derived from phasing. In addition the entire site has been previously graded and contains no significant natural resources. b) Alternative site designs have been considered including an original proposal for 206 units and later 188 units. The present design which consists of 173 units provides a superior site design including a -6- greater percemage of open space on-site-in addition to a reductic?. in traffic generation. c) The present scale of development proposed is less than previous proposals which are mentioned in category 'bl above. The proposed project design and scale of development complies with or exceeds all city requirements and can be accommodated on the site as no significant unmitigatible environmental impacts will be created. d) Alternate uses for the site would typically consist of medium density residential uses such as small lot single family homes or townhouses, duplexes, triplexes and low density apartment developments pursuant to the RM (Medium Density) land use classification of the General Plan. The General Plan Housing Element provides policy direction and proposed actions that encourage the city to provide senior citizen housing through the CUP process in conjunction with the RDM Zone. For this reason senior citizen housing is considered a desirable use. e) Development at some future time rather than now would continue the vacant nature of the site. This would be inconsistent with the General Plan and zoning designations for the site as well as the residential land use guidelines which encourage multi-family uses to locate near commercial centers where public facilities and infrastructure will be available to accommodate the proposed use. Development at some future time would not provide additional housing opportunities to meet the goals of the Housing Element. Alternative sites for senior citizen housing can be found within the city as it may be permitted by Conditional Use Permit in the R-P, RD- M, R-W, R-3 and in the PC zone if a Master Plan provides for it. These sites may not present environmental benefits or have the advantage of being in close proximity to a future commercial/governmental center. f) g) The no project alternative would retain the previously graded lot in a vacant condition which is inconsistent with the General Plan and Zoning designations for the site. -7- -_ - YES MAY BE - N 0 22. Mandat ow f indinus of siunificance - a. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wild- life species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or en- dangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. b. Does the project have the potential to achieve short-term, to the dis- advantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) c. Does the project have the possible environmental effects which are in- dividually limited but cumulatively considerable? (**Cumulatively con- siderable" means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X x X X -8- - 111. DISCUSSION OF ENVI~=NMENTAL EVALUATION 1. 2. 3. 4. 5. 6. Earth - The site was previously graded into two flat pads. The SO:L~ Report submitted for the project indicates that a large amount of f l:: was required to create this lot in 1977. Approximately 20,000 cubic yards of earth will be cut and filled on site to level out the pads which differ in elevation by up to 15 feet and create the two underground parking garages. Runoff from this project is conveyed to environmentally sensitive areas. The developer is required to provide adequate means of eliminating grease and oils from drainage prior to discharge. & - The project will not create objectionable odors or produce emissions that will significantly deteriorate ambient air quality. The project's finish grade elevation below El Camino Real and Alga Road combined with the proposed open-corridoqill not disturb air flows. -. Watu - l%.: project provides signif ican49=&Imeter landscaping and an onsite drainage system with numerous catch basins to reduce the amount and rate of surface water runoff. Approximately 60 percent of the site will be landscaped so as to not significantly affect absorption rates. As stated under section 1 on earth the developer is required to provide adequate means of eliminating grease and oils from drainage prior to discharge. -a *- 5 & 5& - t Life - There is no environmentally significant plant life on Existing vegetation consists site as it has been previously graded. primarily of weeds and grasses. a1 T,ifa - Due to the disturbed nature of the site as well as its location adjacent tomajor roadways and surrounding development little or no animal life exists on site. Noise - An acoustical analysis has been prepared for the project. The project traffic will not significantly increase existing noise levels. Outdoor areas of the project will be impacted by projected noise levels of 65 to 67 dB CNEL and less from adjacent roadways. The principle outdoor living areas within the project are setback significant distances fromadjacentroadways and benefit from building shielding so that projected noise levels will be mitigated to 56.8 db CNEL for future roadway noise sources, less than the 60 dB CNEL maximum permitted. The required glazing for the project to meet the state and city interior noise criteria of 45 db CNEL is as follows: a. Standard single strength glass, or windows with a Sound Transmission Class (STC) rating of 22 or greater. (All windows on all elevations of all units of the project) b. All sliding glass doors (SGD) should be 3/16'' glass. c. All entry doors should be 13/4 inch solid core. -9- - DISCUSSION OF ENVIRONMEN~JA EVALUATION {Continued) Interior noise levels with these recommendations are calculated tz be less than 45 dB CNEL with doors and windows closed. Since windows and doors must be closed to meet the interior noise standard, mechanical ventilat ioq must be provided in Unit8 shaded in the attach~d sit0 plan of the project which meets the air change requirements of the UBC. Where windows are required to be unopenable or kept closed in order to meet the interior noise standards, mechanical ventilation and cooling, if necessary, shall be provided to maintain a habitable environment. The system shall supply two air changes per hour to each habitable room including 20% (one-fifth) fresh make-up air obtained directly from the outdoors. The fresh air inlet duct shall be of sound attenuating construction and shall consist of a minimum of ten feet of straight or curved duct or six feet plus one sharp 90' bend. These requirements have been made mitigation measures forthe project. 7. aht 61 Glare - The project topographic and site design reduces light Low intensity lighting will and glare impacts to surrounding areas. be used within the project for safe and convenient nighttime use. 8. Land Use - The density of the proposed project is significantly higher than that allowed by the RM (Medium density, 4-6 DU/AC) General Plan designation. The Zoning Ordinance however, allows Senior Citizen Housing up to 75 dwelling units per net acre through City Council approval of a Conditional Use Permit (CUP). In addition the Housing Element of the General Plan encourages the provision of senior citizen housing through the CUP process in conjunction with the RD-M, PC, RW, and R-3 zones. The project design provides adequate perimeter setbacks to provide a buffer from adjacent uses. The proposed density is 29.22 DU/AC when utilizing the entire acreage of the site or 38.10 DU/AC when excluding the S.D.G.CE. easement form the total acreage of the site. In addition 60% of the site will be landscaped which provides evidence that the requested density is justifiable. 9. Natural Resourceg - The site has been previously graded. resources exist on site. No natural 10. Bisk of UDsef - The project will not store or require the use of hazardous substances in the daily operation of the facility. 11. porluation - The proposal will not alter the distribution or growth rate of the human population for the area. The population density for the site however will increase from 68 persons under the existing General Plan designation, utilizing a factor of 2.471 persons per unit, to 206 persons (1 person/studio apt., 1.25 persons/l bedroom apt., 2 persons/2 bedroom apt.) . This increase is permitted pursuant to the Housing Element for the provision of Senior Citizen Housing. 12. Housinq - The project will provide Senior Citizen Housing to help satisfy the polices and actions of the Housing Element. -10- I QISCUSSION OF ENVIRONMEN~=L EVALUATION (Continued) - 13. Transportatlon/CirculatlO~ - The project will generate additional vehicular trips over what the Local Facilities Management Plan for Zone 6 provided for the site. A Traffic Impact Analysis was prepared for the project focusing on the intersection of Alga Road and ~1 Camino Real. The additional trips generated by the Senior Citizen Apartment project will be offset by projects in the zone that were approved for fewer units than anticipated by the Zone Plan. TO mitigate traffic impacts caused by the project the developer will be required to participate in the reconstruction of the Alga Road/El Camino Real intersection as required by the Zone 6 Local Facilities Management Plan. 14 c Serviceg - The project is located in Local Facilities Management Zone 6. Services will be provided through the implementation of that zone plan. 15. F!neruv - The project will not use substantial amounts of fuel or energy. The project will be in close walking distance of commercial/governmental facilities and has access to public transit. Food will be provided and served at a common facility. 16. g - The project will be required to improve the North Batiquitos Pump Station and make improvements to the trunk line along the North Shore of Batiquitos Lagoon. Other utilities exist within the public right-of-way adjacent to the site and will be able to provide service to the project. 17. man Heal- - The project will not create any health hazards. Noise levels within the units and in the outdoor recreation areas will be within acceptable levels with the implementation of the mitigation measures for noise. 18. Aesthetics - The project's topographic, architectural and landscape site design results in a sensitive aesthetic treatment of the site which is compatible with surrounding projects including the approved Plaza Paseo Real commercial/governmental center. In addition the project complies with the development standards of the El Camino Real Corridor. 19. Pecreath - The project will not reduce the quality or quantity of existing recreational opportunities. On site recreation facilities are proposed including a pool, reflection pond, cornunity center building, tea house, croquet court, and a health walk course. 20. Jircheoloaical/Historical/Paleontoloaic~ - There is no evidence of significance on this site as it has been previously graded and the soils report provided indicates that the present site elevation is the result of a significant amount of fill. Rev. 12/88 -11- 1-v. DETERMINATION (To Be 'completed .BY The Planning bepartment) On the basis of this initial evaluation: I find the proposed project COULn NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. Declaration will be proposed. x A Conditional Negative I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. /to-//- 89 Date Signature V.MITIGATING MEAS URES (If Applicable) All submittals to the City of carlsbad to fulfill the conditions of this mitigated Negative Declaration shall reference: 1) the project file No. CUP 88-21/SUP 89-5: b) This Negative Declaration's State Clearinghouse No. and c) the specific mitigation number listed below. 1. Earth and Water - Runoff from this project is conveyed to environmentally sensitive areas. The developer shall provide adequate means of eliminating grease and oils from drainage prior to discharge. Plans for such improvements shall be approved by the City Engineer prior to issuance of any building permits for the site. 2. Noise - The following requirements shall be noted on the building plans: I. The required glazing for the project to meet the State and City interior noise criteria of 45 dB CNEL is as follows: A. Standard single strength glass, or windows with a Sound Transmission Class (STC) rating of 22 or greater for all windows on all elevations of all units of the project. B. All sliding glass doors (SGD) shall be 3/16 inch glass. C. All entry doors shall be 1 3/4 inch solid core. -12- BITIGATING MEASURES (Conhnued) - 11. Since windows and doors must be closed to meet the interior nols2 standard, mechanical ventilation which meets the air change requirements of the UBC must be provided in units shaded on the attached site plan of the project. Where windows are required to be unopenable or kept closed in order to meet the interior noise standards, mechanical ventilation and cooling, if necessary, shall be provided to maintain a habitable environment. The system shall supply two air changes per hour to each habitable room including 20% (one-fifth) fresh make-up air obtained directly from the outdoors. The fresh air inlet duct shall be of sound attenuating construction and shall consist of a minimum of ten feet of straight or curved duct or six feet plus one sharp 90' bend. 3. S Circulation - Participate in the re-construction of the Alga -Real intersection as required by the Zone 6 Local Facilities Management Plan. VI:. 1 0 THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE -S TO THE PROJECT. DN: kd -13- _- I FIGURE 6: Shaded Building Areas Indicates Units Which Require Mechanical Ventilation E N V I R 0 NiV Y T A L M I T I CAT I O N $10 N 1 TO UV C C H E C K L I S T .. L sa 0 - w LW -la WCI d e I c z W v) W z w N n a CI cc oc *c vc LW *L cc os u .* Q) oca c ELc .C \ 7 an *c ma *- n uc Y4 L mrc QC .C .C SO ma a *- r m c :I 0 .C Y c m zI W c m 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 RESOLUTION NO. 9 0 - 5 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO DEVELOP A 173 UNIT SENIOR CITIZEN PROFESSIONAL CARE FACILITY ON PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF EL CAMINO REAL AND ALGA ROAD. CASE NAME: AYRES SENIOR CENTER CASE NO: CUP 88-21 WHEREAS, a verified application has been filed with the City of Carlsbad and appealed to the City Council; 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 City Council did, on the 20th day of February, 1990, hold a duly noticed public hearing to consider said application on property described as: Lot 1 of Carlsbad Tract 72-34 (Rancho La Cuesta) Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 8350, as recorded in the office of the County Recorder of San Diego County dated July 28, 1976. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to CUP 88-21. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the City Council APPROVED CUP 88-21, based on the following findings and subject to the following conditions: Fi ndi nqs : 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; 4 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. That the site for the intended use is adequate accommodate the use; in size and shape to That all of the yards, setbacks, walls, fences, andscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained; That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use providing that mitigating conditions of approval are complied with. (Ord. 9252 §l(part), 1970: Ord. 9060 31401). The City Council has, by inclusion of an appropriate condition to this project, ensured building permits will not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the City Council is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. All necessary public improvements have been provided or will be required as conditions of approval. The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential and commerci a1 development on the General P1 an. This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on October 18, 1989 and approved by the City Council on February 20, 1990. In approving this Negative Declaration the City Council has considered the initial study, the staff analysis, all required mitigation measures and any written comments received regarding the significant effects this project could have on the environment. The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project is consistent with the City’s Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 6. 2 1 s S 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 1. 2. 3. 4. 5. 6. 7. 8. Conditions: Approval is granted for CUP 88-21, as shown on Exhibit(s) "A - "K", dated December 6, 1989, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. The developer shall provide the City with a reproducible 24" x 36", mylar copy of the site plan as approved by the City Council. The site plan shall reflect the conditions of approval by the City. The plan copy shall be submitted to the City Engineer prior to issuance of building permits or improvement plan submittal, whichever occurs first. 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. This project is also approved under the express condition that the applicant pay the public facilities fee adopted by the City Council on July 28, 1987 and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or facilities and improvement plan and to fulfill the subdivider's agreement to pay the public facilities fee dated March 29, 1988, a copy of which is on file with the City Clerk and is incorporated by this reference. If the fees are not paid this application will not be consistent with the General Plan and approval for this project will be void. Water shall be provided to this project pursuant to the Water Service agreement between the City of Carl sbad and the Carl sbad Municipal Water District, dated May 25, 1983. This project shall comply with all conditions and mitigation measures which may be required as part of the Zone 6 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of bui 1 di ng permi ts . If any condition for construction of any public improvements or facilities, or the payment of any fees in lieu thereof, imposed by this approval or imposed by law on this project are challenged this approval shall be suspended as provided in Government Code Section 65913.5. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 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. 3 + 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 9. 10. 11. 12. 13. This approval shall become null and void if building permits are not issued for this project within one year from the date of project approval. Approval of CUP 88-21 is granted subject to the approval of SUP 89-5. This conditional use permit is granted for a period of five (5) years. This conditional use permit shall be reviewed by the Planning Director 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 surrounding properties or the public health and welfare. If the Planning Director determines that the use has such significant adverse impacts, the Planning Director 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 at any time 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 permit may be extended for a reasonable period of time not to exceed ten (10) years upon written application of the permittee made no less than 90 days prior to the expiration date. In granting such extension, the Planning Commission shall find that no substantial adverse affect on surrounding land uses or the public‘s health and welfare will result because of tbe continuation of the permitted use. If a substantial adverse affect on surrounding land uses or the public’s health and welfare is found, the extension shall be considered as an original application for a conditional use permit. There is no limit to the number of extensions the Planning Commission may grant. Prior to the issuance of the building permits there shall be a deed restriction placed on the deed to this property subject to the satisfaction of the Planning Director notifying all interested parties and successors in interest that the City of Carlsbad has issued a Conditional Use Permit by Resolution No. 90-54 on the real property owned by the declarant. Said deed restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the deed restriction. Said deed restriction(s) may be modified or terminated only with the approval of the Planning Director, Planning Commission or City Council of the City of Carlsbad whichever has final decision authority for this project. The following requirements shall be made part of the lease agreement executed for all rentals at this project and be included in the deed restriction: a. The minimum age of at least one occupant of each unit shall be sixty (60) years of age except for the manager’s unit. b. The minimum age for any occupant of any unit shall be fifty-five (55) years of age. 4 I 1 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 14. 15. 16. 17. 18. 19. C. d. e. f. 9. There shall be no more than one person residing in any studio unit. There shall be no more than two people residing in any one-bedroom unit. There shall be no more than three people residing in any two- bedroom unit, and that two of the three will be at least sixty (60) years of age, and the third person over fifty-five (55), except that if the third person is a live-in nurse or attendant required for medical reasons. Fifty-five and five tenths percent (55.5%) of the units shall be limited to occupancy by tenants who do not have automobiles. This equates to a maximum of 77 units that can be occupied by tenants who have automobiles. Of the remaining parking 15 spaces shall be reserved for employees and 15 for guests of the facility. Prior to any rentals the lease shall be summarized to the City for approval. Fifteen (15) parking spaces shall be reserved for employees and fifteen (15) parking spaces shall be reserved for visitors. All employee and visitor parking spaces shall be striped a different color than the assigned resident parking spaces and shall be clearly marked as may be approved by the P1 anni ng Director. Prior to the issuance of any Dermits for the project the applicant shall present evidence that he has obtained licensing of the facility as a Residential Facility for the Elderly from the State of California, Community Care Licensing Division. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Planning Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the P1 anni ng Di rector. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Planning and Building. An exterior lighting plan including parking areas shall be submitted for Planning Director approval. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Director prior to the issuance of grading or building permits, whichever occurs first. 5 * 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 20. 21. 22. 23. 24. 25. 26. 27. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. The developer shall install street trees at the equivalent of 40-foot intervals along all public street frontages in conformance with City of Carlsbad standards. The trees shall be of a variety selected from the approved Street Tree List. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Director prior to the issuance of grading or building permits, whichever occurs first. The project shall provide bus stop facilities at locations subject to the satisfaction of the North County Transit District. Said facilities shall at a minimum include a bench, free from advertising, and a pole for the bus stop sign. The bench and pole shall be designed in a manner so as to not detract from the basic architectural theme of the project and said design shall be subject to the approval of the Planning Director and North County Transit District. As part of the plans submitted for building permit plan check, the applicant shall include a reduced version of the approving resolutions on a 24" x 36" blueline drawing. Said blueline drawing(s) shall also include a copy of any applicable Coastal Development Permit and signed approved site plan. Prior to issuance of a grading or building permit, whichever comes first, a soils report shall be prepared and submitted to the City of Carlsbad. If the soils report indicates the presence of potential fossil bearing material then a standard two phased program, on file in the Planning Department, shall be undertaken to avoid possible significant impacts on paleontological resources under the direction of the P1 anning Department. The applicant shall be responsible for implementing the required mitigation measures. All submittals to the City of Carlsbad to fulfill the conditions of the Mitigated Negative Declaration shall reference: 1) the project file No. CUP 88-21/SUP 89-5; 2) This Negative Declaration's State Clearinghouse No. and 3) the specific mitigation number 1 i sted bel ow. A) Earth and Water - Runoff from the project is conveyed to environmentally sensitive areas. The developer shall provide adequate means of eliminating grease and oils from drainage prior to discharge. Plans for such improvements shall be approved by the City Engineer prior to issuance of any building permits for the site. 6 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 B) Noise - The following requirements shall be noted on the building plans: I. The required glazing for the project to meet the State and City interior noise criteria of 45 dB CNEL is as follows: a. Standard single strength glass, or windows with a Sound Transmission Class (STC) rating of 22 or greater for all windows on all elevations of all units of the project. All sliding glass doors (SGD) shall be 3/16 inch glass. b. c. A1 1 entry doors shall be 1 3/4 inch sol id core. I1 a Since windows and doors must be closed to meet the interior noise standard, mechanical ventilation which meets the air change requirements of the UBC must be provided in units shaded on the site plan of the project attached to the initial study. Where windows are required to be unopenable or kept closed in order to meet the interior noise standards, mechanical ventilation and cooling, if necessary, shall be provided to maintain a habitable environment. The system shall supply two air changes per hour to each habitable room including 20% (one-fifth) fresh make-up air obtained directly from the outdoors. The fresh air inlet duct shall be of sound attenuating construction and shall consist of a minimum of ten feet of straight or curved duct or six feet plus one sharp 90 degree bend. C. TransDortation/Circulation - Participate in the reconstruction of the Alga Road/El Camino Real intersection as required by the Zone 6 Local Faci 1 it ies Management P1 an. 28. Prior to the issuance of grading or building permits the project applicant shall receive a Coastal Development Permit from the California Coastal Commission that approves development that is in substantial conformance with the City approval. Evidence that the permit has been received shall be submitted to both the Planning and Engineering Departments. 29. Prior to the issuance of building permits, a detailed conversion plan shall be approved by the Planning Department. Security to implement the conversion plan shall also be provided in a form acceptable to the Planning Director and the City Attorney based on a construction estimate to perform the work which shall accompany the security. 30. Covered access shall be provided from all units to the community center/dining area which will enable residents to be protected from inclement weather conditions when traveling to that facility. Access shall be provided to the satisfaction of the Planning Director. 7 4 . 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 20 Ensineerinq Conditions: 31. 32 33. 34. 35. 36. 37. 38. 39. 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 a civil engineer whose responsibility it shall be to coordinate site inspection and testing to ensure 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 the limits of the project unless a letter of permission is obtained from the owners of the affected properties. All slopes within this project shall be no steeper than 2:l. Prior to hauling dirt or construction materials to any proposed construction site within this project the developer shall submit to and receive approval fromthe 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. The developer shall exercise special care during the construction phase of this project to prevent any offsite 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 Engineer. Additional drainage easements and drainage structures shall be provided or installed as may be required by the City Engineer. This project is located within the Batiquitos Lagoon management plan. All development design shall comply with the requirements of that plan. Runoff from this project is conveyed to environmentally sensitive areas. The subdivider shall provide adequate means of eliminating grease and oils from drainage prior to discharge. Plans for such improvements shall be approved by the City Engineer prior to issuance of grading or building permit. 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 40. 41. 42. 43. 44. 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 the issuance of any building permit for this project. 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. The developer shall obtain the City Engineer's approval of the project improvement plans and enter into a secured agreement with the City for completion of said improvements prior to issuance of any building permit within this project. The improvements shall be constructed and accepted for maintenance by the City Council prior to issuance of a Certificate of Occupancy for any unit within the project. The improvements are: A. El Camino Real widening and bus turnout including guardrail along Alga Road and El Camino Real, as required by City Engineer. 8. Alga Road widening as required to provide dual left turn lanes. C. Full width median in El Camino Real from Alga Road to the south end of the project frontage including dual left turn lanes at Alga Road. D. Reconstruction of the Alga Road/El Camino Real intersection as required by Zone 6 and Zone 19 Local Facilities Management Plan (Primarily Signal and Island Traffic Reconstruction). Improvements listed above shall be constructed within 12 months of improvement plan approval, Item "C" may be deferred by the City Engineer provided appropriate bond or cash deposi,t be filed. Item I'D" may be constructed by others. Prior to issuance of grading or building permits an approved agreement of responsi bi 1 i ty between adjacent developers shall be filed with the City of Carlsbad. Unless a standard variance has been issued, no variance from City Standards is authorized by virtue of approval of this Site Plan. Prior to issuance of any building permit for the project, the developer shall submit a detailed report prepared by a registered civil engineer acceptable to the City on the existing condition of the Ayres sewer trunkline. The report shall be based upon a video inspection of the trunkline adjacent to the project site and extending to the sewer pump station. The video tapes shall be submitted to the City Engineer with the report and shall become the property of the City. The report shall detail the condition of the pipe and recommend any remedial measures necessary to bring the sewer line into conformance with City standards. If any repairs are necessary the developer shall submit a proposed schedule of repairs and a method of financing such repairs acceptable to the City Engineer. This condition may be satisfied by adjacent developers with similar conditions. 9 1 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 45. 46. 47. 48. 49. 50. 51. 52. 53. Repair or reconstruction of the Ayres sewer trunk1 ine shall be completed prior to occupancy of any portion of this project unless it is demonstrated to the satisfaction of the City Engineer and the Planning Director that: * Adequate capacity is available to accommodate the sewage flow from this project, and * An agreement and appropriate security (bond) is accepted by the City of Carl sbad. The agreement shall guarantee the proportionate share of this project (by equivalent dwelling unit) for the repair or reconstruction of the Ayres sewer main, pump station or force main, including but not limited to; manholes, laterals, trunk line facilities, pump station and force mains. The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. This project is approved specifically as 1 (single) phase. The design of all private streets and drainage systems shall be approved by the City Engineer prior to issuance of any grading or building permit, for this project. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the City, and the standard improvement plan check and inspection fees shall be paid prior to issuance of any grading or building permit for this project. Additional onsite fire hydrant is required for this project. The developer shall prepare water system improvement plans and a public water easement to the satisfaction of the Water District Engineer prior to the issuance of a building permit for the project. 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. The developer shall be responsible for coordination with S.D.G.&E., Pacific Telephone, and Cable TV authorities. The applicant shall agree to utilize reclaimed water, in Type I form, on the subject property in all common areas as approved by the City Eng i neer . Irrigation systems to accommodate future reclaimed water shall be designed consistent with Title 17 of the California Administrative Code. Offsite future reclaimed water distribution systems should be anticipated by the installation of adequately sized sleeves at crossing points to minimize street excavation. 10 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 _- A 54. The developer shall offer for dedication right of way along El Camino Real to accommodate an additional south bound lane. Specific dimension shall be determined by City Engineer. Fire Conditions: 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department. Additional public and/or onsite fire hydrants shall be provided if deemed necessary by the Fire Marshal. The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and onsite roads and drives to the Fire Marshal for approval. 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. 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, Carl sbad Municipal Code. Fire retardant roofs shall be required on all structures. 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. 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. All buildings other than Group "M" occupancies shall be protected by automatic fire sprinklers. Applicant shall disclose to Fire Department intent to provide any service requiring a license. Carlsbad MuniciDal Water District Conditions: 67. The entire potable and non-potable water system/systems for subject project shall be evaluated in detail to ensure that adequate capacity and pressure for domestic, landscaping and fire flow demands are met. 11 t 1 2 3 4 1t 15 2( 21 2: 21 21 2f a 2: 2t 68. The developer’s engineer shall schedule a meeting with the District Engineer and the City Fire Marshal and review the preliminary water system layout prior to preparation of the water system improvement plans. 69. The developer will be responsible for all fees and deposits plus the major facility charge which will be collected at time of issuance of bui 1 ding permit . PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 13th day of March , 1990, by the following vote, to wit: AYES: NOES: Council Member Pettine ABSENT: Council Member Kulchin Council Members Lewis, Mamaux and Larson ABSTAIN: None ATTEST: W?WA L-/m ENWNZ, City Clerk KAREN R. KUNDTZ, Deputy City Clerk (SEAL) 12 t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 90-55 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SPECIAL USE PERMIT TO DEVELOP A 173 UNIT SENIOR CITIZEN PROFESSIONAL CARE FACILITY IN CONFORMANCE WITH THE EL CAMINO REAL CORRIDOR STANDARDS ON PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF EL CAMINO REAL AND ALGA ROAD. CASE NAME: AYRES SENIOR CENTER CASE NO: SUP 89-5 WHEREAS, a verified application for certain property to wit: Lot 1 of Carlsbad Tract 72034 (Rancho La Cuesta) Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 8350, as recorded in the office of the County recorder of San Diego County dated July 28, 1976 has been filed with the City of Carlsbad and appealed to the City Council; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the City Council did, on the 20th day of February, 1990, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to the Special Use Permit; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the City Council APPROVED SUP 89-5, based on the following findings and subject to the following conditions: Fi nd i ncls : 1. 2. The project enhances the scenic qualities of the El Camino Real Corridor consistent with the corridor's development standards by providing an attractive development ref1 ect ing an "Old Cal i forni a/Hi spanic" architectural theme, fifty to seventy foot building setbacks along El Camino Real, and landscaping which incorporates the theme trees for the corr i dor . The project protects scenic views and traffic safety along El Camino Real by providing attractive buildings within extensively landscaped grounds and by contributing to a landscaped median in El Camino Real. 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 3. 4. 5. 6. 7. 8. 9. Conditions: 1. Approval is granted for SUP 89-5, as shown on Exhibit(s) "A" - "K", dated December 6, 1989, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. Approval of SUP 89-5 is granted subject to the approval of CUP 88-21. The City Council has, by inclusion of an appropriate condition to this project, ensured building permits will not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the City Council is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. All necessary pub1 ic improvements have been provided or will be required as conditions of approval. The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential and commerci a1 development on the General P1 an. This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on October 18, 1989, and Approved by the City Council on February 20, 1990. In approving this Negative Declaration the City Council has considered the initial study, the staff analysis, all required mitigation measures and any written comments received regarding the significant effects this project could have on the environment. The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project is consistent with the City's Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 6. 2 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 13th day of March ? 1990, by the following vote, to wit: AYES: Council Members Lewis, Mamaux and Larson NOES: Council Member Pettine ABSENT: Council Member Kulchin ABSTA I N : None ATTEST : (SEAL) 3 MINUTES February 20, 1990 Page 3 ORDINANCES FOR ADOPTIONS: 5. AB t10.491 - ESTABLISHMENT OF 'TWO-HWR PARKING' ZONE IN THE CARLSBAD SAFETY CENTER FRONT PARKING LOT. Council adopted the following Ordinance: ORDINANCE NO. NS-112, Amending Title 10, Chapter 10.40 Of The Carlsbad Municipal Code By The Addition Of Section 10.40.078 To Declare "Two-Hour Parking" Between 7:OO A.M. And 5:OO P.M. Monday Through Friday For The Eight Parking Spaces In The Front Parking Lot Located Directly West Of The Carl sbad Safety Center. PUBLIC HEARINGS 6. AB 110.499 - APPEAL OF PLANNING CMISSION DENIAL OF CUP 88-21 AND SUP 89-5 - AYRES SENIOR CENTER. Mayor Lewis opened the duly noticed Public Hearing at 7:Ol p.m. Mr. Douglas Ayres, Ayres Development, appellant, addressec Council requesting approval of the project. Mr. Bob Beyer, 1854 Tule Court, addressed Council in opposition to the project. Mr. Keith Klarer, 1852 Tule Court, addressed Council in opposition to the project. Katey Klarer, 1852 Tule Court, addressed Council in opposition to the project. Mr. Robert Royce, 3401 Adams Street, architect for the project, requested approval. Lynn Maudlin, 1857 Tule Court, spoke in opposition to the project. Chris Hogan, 1856 Tule Court, addressed Council in opposition to the project. Since no one else wished to address Council on the item, Mayor Lewis closed the Public Hearing at 7:30 p.m. Council indicated their intent to grant the appeal; and directed staff to return with documents approving CUP 88-21 and SUP 89-5 with conditions of approval per Planning Commission Resolution No. 2952, including an additional condition which would reduce the number of units designated for vehicles to take into consideration parking spaces for employees; a condition requiring a conversion agreement in accordance with the City's Senior Housing Ordinance; and a condition requiring covered walkways on the project. RECESS: Council adjourned for a recess at 8:07 p.m. and reconvened at 8:15 p.m. with all Council Members present. Lewis Kulchin Larson Mamaux Pettine Lewis Kulchin Larson Mamaux Pettine \ \ MINUTES February 20, 1990 Page 4 HOUSING AND REDEVELOPMENT CWISSION: Council adjourned to the Housing and Redevelopment Commission at 8:15 p.m. and reconvened at 8:17 p.m. with all Council Members present. DEPARTMENTAL AND CITY WGER REPORTS 7. AB 110.500 - VIDEO PRESENTATION FRon NCTD. Council viewed the video tape and took no action. 8. AB 110,501 - CARLSBAD ARTS COmISSION APPOINTMENTS. By consensus, the item was continued. 9. AB 110.502 - CABLE TELEVISION FOUNDATION APPOINTMENTS. By consensus, the item was continued. 10. AB 110,503 - 1990 CITY COUNCIL GOALS. Council indicated their intent to adjourn this meeting to Wednesday, February 21, 1990 to discuss the item. PROTECTION OF BEACHES FRW POTENTIAL OIL SPILL DAMAGE. Mr. Paul O'Neal, representing San Diego Gas & Electric Company, briefly explained their company's procedures for off loading oil. By consensus, Council referred the matter to staff to review San Diego Gas & Electric's current off-loading process; to schedule a time for Council to review their procedures; and to investigate whether the City could adopt regulations requiring double hulled vessels. 11. AB 110.504 - REOUEST FROW COUNCIL MEMBER "AUX REGARDING 12. AB X10.505 - REPORT ON CITY INVESTMENTS. Council received and filed the report. 13. AB 110.506 - CARLSBAD CONVENTION AND VISITORS BUREAU QUARTERLY REPORT. Council received and filed the report. COUNCIL MEMBERS h \