HomeMy WebLinkAboutSUP 89-05; AYRES SENIOR CENTER; Special Use Permit (SUP)CITY OF CARLSBAD
LAND USE REVIEW APPLICATION FORM PAGE 1 OF 2 -1 ) APPLICATIONS APPLIED FOR: (CHECK BOXES)
(For Deft. (For Deft. Use On y) Use On y)
0 Master Plan ............... 0 General Plan Amendment ......
0 Specific Plan ............. 0 Site Development Plan .......
0 Precise Development Plan ... 0 Zone Change .................
0 Tentative Tract Map ........ 0 Conditional Use Permit ......
n Planned Development Permit 0 Hillside Development Permit.
0 Non-Residential Planned 0 Environmental Impact Development Permit ........ Assessment ................
0 Condominium Permit ......... 0 Vari ance ....................
[X] Special Use Permit .... S.y'p' 8't-OS-0 Planned Industrial Permit ...
0 Redevelopment Permit ....... 0 Coastal Development Permit ..
0 Tentative Parcel Map ....... 0 Planning Commission Deter ...
0 Administrative Variance ....
2) LOCATION OF PROJECT: ON THE ! vms'r !SIDE OF! EL CAr!lDJO REAl, 1
(NORTH, SOUTH, EAST, WEST) (NAME OF STREET)
BETWEEN I ALGA ROAD 1 AND I ARENAL ROAD I
(NAME OF STREET) (NAME OF STREET)
3) BRIEF LEGAL DESCRIPTION: I Lot 1 of map #83-50 in the City of Carlsbad, County of
I San Diego, State of California. Carlsbad Tract #72-34 (Rancho La Cuesta Unit #1.) I
4) ASSESSOR PARCEL NO(S). 1 215-50)~-11 I
5) LOCAL FACILITIES 0 MANAGEMENT ZONE 6) EXISTING GENERAL 1 PLAN DESIGNATION RM I 7~ PROPOSED GENERAL 1 LAN DESIGNATION Rl'tI 1
8) EXISTING ZONINGI RP 19) PROPOSED ZONINGI RDH 110) GROSS SITE! 5.92 1
~ ACREAGE
11) PROPOSED NUMBER OF! 173 112) PROPOSED NUMBER! 1 113) TYPE OF ! N/A ! RESIDENTIAL UNITS OF LOTS SUBDIVISION
14) NUMBER OF EXISTING RESIDENTIAL UNITSI 1
(RESIDENTIAL
0 COMMERCIAL INDUSTIRAL)
15) PROPOSED INDUSTRIAL I OFFICE/SQUARE FOOTAGE ~~/A I 166 PROPOSED COMMERCIAL SQ ARE FOOTAGE I ~VA 1
ARFMOOOB.DH 4/89
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~ .r-----------------~ CITY OF CARLSBAD
LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2
17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE [~1_8_% __ ---, 19) PROPOSED INCREASE IN AVERAGE DAILY
18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS TRAFFIC, , "300/ ADT.
20) PROJECT NAME: AYRES SENIORS CENTER
21)BRIEF DESCRIPTION OF PROJECT: Construction of' Seniors Residential center
cOlnprised of 173 units,central dining f'aci1ity,recreationa1 indoor and
outdoor areas,open space,administrative areas and subterranean garage
22) OWNER 23) APPLICANT
NAME (PRINT OR TYPE) Donald B. Ayres Jr NAME (PRINT OR TYPE)Robt J. Royce
MAILING ADDRESS 355 Bristoi Suite A MAILING ADDRESS 2956 Roosevelt Sui e
3
CITY AND STATE ZIP TELEPHONE ·CITY AND STATE ZIP TELEPHONE
Costa IVlesa, Cal 92626 (114)5406.,060 CEtrlsbad,Cal 92008 434 6259
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT I CERTIFY THAT I AM THE OWNER'S REPRE-ALL THE ABOVE INFORMATION IS TRUE AND CORRECT SENTATIVE AND THAT ALL THE ABOVE TO THE BEST OF MY KNOWLEDGE. INFORMAT S TRUE AND CORRECT TO
SIGNATURE DATEl ~2t f HE B 0 MY KNOWLE ~h ~ b. '/ 51 UR ATE ~ '""";
***********************
FOR CITY USE ONLY
FEE COMPUTATION: APPLICATION TYPE
SuP *' /:::1.4J PFF ~~/-;;
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FEE REQUIRED
'-/20, On
TOTAL FEE REQUIREDI ~~()<(t)
"RECEIVED
JUL 06 1989
CITY OF CARLSBAD
RECEIVED BY:
DATE FEE PAID I 7-~-8:1 RECEIPT No·1 97025"
ARFMOOOB.DH 4/89 (2)
'.-. CITY OF CARLSBAD
1200 ELM J.,~NUE CARLSBAD, CALIFOl IA 92008
438-5.621
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ACCOUNT NO. DESCRIPTION AMOUNT
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RECEIPT NO. 97025 TOTAL . L/ ~i/: ()(j
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July 1, 1989 ?lt~ s;£. HAU £. ... ' TI1 S I ~ tUb -Iltruf) (!I t.J
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Niguel Interiors
P.O. Box A
Huntington Beach, CA
Dear Sirs:
LETTER OF PERMISSION FOR GRADING
AND CONSTRUCTION OF IMPROVEMENTS
San Diego Gas & Electric Company (SDG&E) is the owner of an
easement located within the boundaries of the proposed "Seniors
Community Center" at Alga and El Camino Real in Carlsbad.
We have reviewed grading plans done by Robert J. Royce
A.I.A. dated June 19, 1989 entitled "Seniors Community Center",
which shows the proposed grading and improvements on the property
included in our easement. Permission is hereby granted to
Niguel Interiors to grade and construct improvements as shown on
said plan, subject to the following conditions:
1. This permit to grade shall be effective for six (6)
months from the date of this letter.
2.
3.
Final signed, approved plans must be submitted to SDG&E
a minimum of 15 working days before commencement of
grading and construction of improvements within the
easement area.
At least twenty-four (24) hours notice must be given to
SDG&E before start of work or making field changes to
plans within said easement. Notice to be given to
John B. Burton at 696-2485.
• • Niguiel Interiors -2-July 1, 1989
4. Niguel Interiors shall indemnify and hold SDG&E
harmless from any and all injuries or damage to persons
or property in any way arisi~g from the proposed
grading or construction of improvements.
5. SDG&E shall not be responsible in any manner for any
maintenance or repair of the proposed grading or
improvements.
6. This permission letter shall be posted on the job site
at all times.
7. This letter shall not be construed as approval of any
field changes. Specific approval of any changes within
SDG&E easements must be obtained.
Should you have any questions or require additional
assistance, please call John B. Burton at 696-2485.
Sincerely,
SAN DIEGO GAS & ELECTRIC COMPANY
J.W. Shepard, Supervisor
Land Management Section
I ACCEPT THE AFOREMENTIONED CONDITIONS:
NIGUEL INTERIORS
By
Date
• Recording requested by
San Diego Gas & Electric
When recorded mail to
San Diego Gas & Electric
P.O. Box 1831
San Diego, CA 92112
Attn: John B. Burton, Room 712
•
--------------------Space Above This Line for Recorder's Use-----
Transfer Tax
San Diego Gas & Electric Company
RIGHT-OF-WAY USE AGREEMENT
THIS AGREEMENT is made this ___ day of , 19 __ ,
by and between SAN DIEGO GAS & ELECTRIC COMPANY, ("Grantor"), and
NIGUEL INTERIORS, A Cal~fbrnia Corporation ("Grantee") and with
reference to the following facts:
A. Grantor is the owner of that certain easement
("Grantor's Easement") shown on Exhibit "A" attached hereto <;l.nd
by reference made a part hereof, and recorded in Book 5207
Page 161 dated April 16, 1954 of Official Records.
B. Grantee is the owner of the real property commonly
described as "Seniors Community Center" at the southwest corner
of El Camino Real and Alga Road in Carlsbad, California and
having the following legal description: Lot 1 of Map No. 83-50 in
the City of Carlsbad, County of San Diego, State of California.
Carlsbad Tract No. 72-34 (Rho. La Cuesta Unit 1)
C. Grantee desires permission TO USE Grantor's easement in
the following manner:
-1-
85-0397 (SF)
• • Driveway access, Retaining walls, Landscape, Irrigation,
Drainage and Walkways
D. Grantee acknowledges and represents that (i) it has
obtained all lands rights from the owner of the servient property
to use Grantor's easement in the above mentioned manner, and (ii)
Grantee's use of Grantor's easement is inconsistent with, or a
burden on, the rights of Grantor which, absent Grantor's per-
mission, could not be exercised.
NOW THEREFORE, in consideration of the mutual promises
herein made, the parties agree as follows:
1. Grantor shall permit Grantee to use Grantor's easement
in the manner described in Paragraph C. above at the locations
and configurations shown or described in said Exhibit "A".
2. This permission may be withdrawn in whole or in part by
Grantor for the following reasons:
a. At anytime Grantor eXercises the right to utilize
Grantor's Easement in accordance with California Public
Utilities Commission General Order 69B, which gives Grantor
the right to revoke any license granted in its properties in
whole or in part whenever in the interest of its patrons or
consumers it shall appear necessary or desirable to do so.
In the event permission is withdrawn, Grantor agrees to use
reasonable efforts to minimize, so far as practicable, any
relocation or restoration expenses to be incurred by
Grantee; however, Grantee agrees that any such decision made
by Grantor shall be at Grantor's sole and exclusive
discretion, especially if such decision is based upon or
-2-
85-0397 (SF)
• • involves matters of a technical nature, particularly within
Grantor's expertise.
b. At any time Grantee fails or refuses to comply
with the terms herein, if Grantee constructs improvements
other than those described herein as shown on Exhibit "A",
or if Grantee's Improvements or the method used by Grantee
in the construction and installation of said improvements is
determined to be in violation of any federal, state, city,
county or other governmental entities, laws, ordinances, or
regulations, including regulations of the Public Utilities
Commission for the State of California.
3. If permission is withdrawn for either of the above
reasons, Grantee agrees to remove or alter those improvements as
requested by Grantor within thirty (30) days after receipt of
written notice, and to restore the ground and area to Grantor's
satisfaction and as near as possible to its original condition
and appearance. Such removal, restoration or alteration shall be
at the sole cost and expense of Grantee. If Grantee fails to
remove, restore or alter within sixty (60) days after notice,
Grantor shall have the right to remove or alter Grantee's
Improvements and restore the area at the sole expense and risk of
Grantee, which expense Grantee agrees to pay to Grantor upon
demand.
4. No withdrawal of permission hereunder shall release
Grantee from any liability or obligation arising hereunder.
5. The rights, privileges and obligations created by this
Agreement shall benefit and bind all present and future parties
-3-
85-0397 (SF)
• • having any right, title or interest to, any portion of Grantor's
Easement or the land described in paragraph B above. The term
"Grantee" as used in this Agreement shall include any and all
successors in interest and assigns of Grantee. Grantee agrees to
give Grantor notice pursuant to Paragraph 14 of the names and
addresses of any such successors and assigns. Grantor shall not
be obligated to notify any such successors and assigns other than
those whose names and addresses are furnished pursuant to this
Paragraph.
6. This Agreement does not in any way alter Grantor's
easement or the rights of Grantor with respect to the use,
maintenance or repair of Easement. Grantor shall not be
responsible for damage to Grantee's Improvements resulting from
normal operation, construction and maintenance of Grantor's
facilities and Grantee hereby expressly assumes all risks related
thereto.
7. Grantee agrees to pay all costs for the construction,
installation, maintenance, and repair and removal of Grantee's
Improvements.
8. Grantee agrees to comply promptly with any reasonable
request(s) of Grantor made to protect Grantor's facilities, or
the public, including but not limited to, barricades and
grounding of metallic fences.
9. Grantor and Grantee shall comply with all applicable
laws and regulations of local, state and federal governments and
their agencies.
-4-
85-0397 (SF)
• • 10. Grantee agrees to assume all risks, including risks of
an extra hazardous nature, of loss, damage, and injury to persons
or property in any manner arising from Grantee's use of Grantor's
Easement. Grantee agrees to indemnify, save, and hold Grantor
harmless from and against any and all demands, claims, suits,
costs of defense, witness fees, liabilities, loss, costs,
obligations or other expenses incurred or resulting in any manner
from (i) the construction, maintenance, use, state of repair or
presence of Grantee's Improvements, (iiJ injury(ies) to or death
of any person(s) in any manner arising from Grantee's use of
Grantor's Easement or (iii) the damage or destruction of or to
property, whether real or personal, in any manner arising from
Grantee's use of Grantor's Easement.
11. Insurance: Grantee shall, at its own expense, secure
and maintain in effect during the life of this Agreement
insurance coverages as described herein, in amounts not less than
the minimum limits specified, to protect Grantor and Grantee from
claims or liabilities in any way arising out of the ownership,
maintenance or use of the Grantor's Premises: (a) Workers'
Compensation Insurance and Employer's Liability Insurance in
accordance with statutory requirements and limits, including U.S.
Longshoremen's and Harbor Workers' Compensation Act coverage,
where applicable, (b) Comprehensive General Liability Insurance
to include products-completed operations and contractual
liability coverage for liability assumed by Grantee under this
Agreement, and automobile liability insurance, with limits of not
less than $1,000,000 each occurrence for bodily injury and
-5-
85-0397 (SF)
• • property damage combined. Such liability insurance shall name
Grantor as additional insured, shall contain a severability of
interest or cross liability clause and shall be primary for all
purposes. Certificates of insurance evidencing the coverages and
provisions required in (a) and (b) above shall be furnished to
Grantor prior to any use of the Premises by Grantee and shall
provide that written notice be given to Grantor at least thirty
(30) days prior to cancellation or reduction of any coverage.
Grantee agrees, at request of Grantor, to increase the limits of
insurance to meet the limits then required by Grantor for a
similar Grantee of this type. The provisions of this paragraph
shall not in any way limit any of Grantee's other obligations or
liabilities under this Agreement.
12. Grantee agrees to keep Grantor's Easement free from
weeds, waste and the accumulation of flammable materials. Grantee
agrees not to reside or allow any residence, temporary or
otherwise, on Grantor's Easement.
13. In the event that either party commences legal action
against the other by reason of an alleged breach of this
Agreement, the prevailing party shall be entitled to recover
court costs and attorney fees as set by the court, including
those of appeal. "Prevailing Party" means the party in whose
favor final judgement is rendered.
14. All notices required in this Agreement shall be deemed
given when made in writing and deposited in the United States
mail, certified and postage prepaid, addressed to Grantee at the
-6-
85-0397 (SF)
• •
address below or to successors and assigns whose names and
addresses are furnished to Grantor pursuant to Paragraph 5,
above.
To Grantor:
To Grantee:
San Diego Gas & Electric Company
Post Office Box 1831
San Diego, California 92112
Attention: Land Services Department
Niguel Interiors
P.O. Box "A"
Huntington Beach, CA
15. This Right-of-Way Use Agreement contains the entire
agreement between Grantor and Grantee respecting the transactions
contemplated hereby and all prior or contemporaneous agreements,
understandings, representations and statements, oral or written,
are merged herein.
16. The invalidity in whole or in part of any provision
hereof shall not affect the validity of any other provision
hereof.
-7-
85-0397 (SF)
• • This Agreement is entered into between the parties
hereto at San Diego, California, as of the date set forth at the
beginning hereof.
GRANTOR:
SAN DIEGO GAS & ELECTRIC CO.,
California Corporation
By: ________________________ _
James W. Shepard, Supervisor
Land Management Section
Land Services Department
Drawn By: Robert J. Royce, A.I.A.
Checked By: J.B. Burton
Date:
Sketch:
RjW #: 31573
A.P.#:
-9-
GRANTEE:
NIGUEL INTERIORS
By:
85-0397 (SF)
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