HomeMy WebLinkAbout1985-02-19; City Council; Resolution 79091
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RESOLUTION NO. 7909
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA DENYING AN APPEAL AND UPHOLDING
THE PLANNING COMMISSION'S APPROVAL OF A CONDITIONAL
USE PERMIT FOR A 91 UNIT PROFESSIONAL CARE FACILITY
CUP - 255 - VILLAS DE CARLSBAD.
WHEREAS, a verified application for a variance for
certain property to wit:
All of the west half of the southwest quarter of the
northeast quarter of the northwest quarter and that portion of the east half of the southeast quarter of thc
northwest quarter of the northwest quarter -of Section 6
Township 12 south, range 4 west, San Bernardino Base anc
Meridian, in the City of Carlsbad, County of San Diego,
State of California, according to the official plat
thereof, lying westerly and suothwesterly of the
southwesterly line of the land described in Deed to the
State of California, recorded June 12, 1970 ad File No.
101788 of Official Records.
has been filed with the City of Carlsbad and referred to the
Planning Commission; and
WHEREAS, the Planning Commission did on the 9th day of
January 1985 hold a duly noticed public hearing as proscribed b
law to consider said application; and
WHEREAS, the Planning Commission did on said day after
said public hearing approved the request for a conditional use
permit CUP-255; and
WHEREAS, the a council member appealed the decision of
the Planning Commission to the City Council; and
WHEREAS, on February 5, 1985 the City Council of the
City of Carlsbad held a duly noticed public hearing as proscribe<
by law to consider said appeal and at said hearing after
consideration of all of the evidence, testimony, argument of
those persons present and desiring to be heard the City Council
determined to deny the appeal.
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NOW, THEREFORE, BE IT 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 denies the applicant's appeal and
approves Conditional Use Permit CUP-255 as shown on Exhibit A,
attached hereto and made a part hereof, based on the following
findings and subject to the following conditions:
Findings:
That the requested use is necessary or desirable for the development of the community, is essentially in harmony wit: the various elements and objectives of the general plan, an( is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be
located, since:
a) There is a need for affordable rental housing for senio citizens in close proximity to downtown Carlsbad b) Provision of affordable rental housing for senior
citizens is consistent with the goals of the Housing
Element of the General Plan c) The project is consistent with the City's General Plan since the proposed density of 19.65 duls/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 genera
plan and ensures compatibility with existing or future
permitted uses in the zone. If converted to an apartment project, the development would justify the
overall density based on substantial recreation and ope
space amenities in excess of those traditionally
provided by a standard apartment project.
That the site for the intended use is adequate in size and shape to accomodate the use, since all of the buildings,
parking, open space and other amenities can be provided on the site without reduction of the required setbacks.
That all of the yards, setbacks, walls, fences, landscaping and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will
be provided and maintained, since all of the setbacks would be provided and landscaped
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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.
Conditions:
Approval is granted for CUP-255, as shown on Exhibit "A", dated January 9, 1985, Exhibit "B'l, dated November 20, 1984 and Exhibits "C" - "I", dated June 26, 1984, incorporated bj reference and on file in the Land Use Planning Office. Development shall occur substantially as shown unless
otherwise noted in these conditions.
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 approved upon the express condition that tht
applicant shall pay a public facilities fee as required by
City Council Policy No. 17, dated April 2, 1982, on file
with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant foi
payment of said fee, a copy of that agreement, dated June
26, 1984, is on file with the City Clerk and incorporated
herein by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan and approval for this project shall be void.
Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other
applicable City ordinances in effect at time of building
permit issuance.
Water shall be provided to this project pursuant to the
Water Service agreement between the City of Carlsbad and thc
Costa Real Water District, dated May 25, 1983.
The applicant shall prepare a reproducible mylar of the
final site plan incorporating the conditions contained herein. Said site plan shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of
building permits.
The applicant shall prepare a detailed landscape and irri ation plan which shall be submitted to and approved by the zand Use Planning Manager prior to the issuance of building permits.
3.
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All parking lot trees shall be a minimum of 15 gallons in
size.
All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris.
Any signs proposed for this development shall be designed ir
conformance with the City"s Sign Ordinance and shall require
review and approval of the Land Use Planning Manager prior t installation of such signs.
Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards.
Location of said receptacles shall be approved by the Land
Use Planning Manager.
All roof appurtenances, including air conditioners, shall bc architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, pursuant to Building Department Policy No, 80-6, to the
satisfaction of the Land Use Planning Manager and Building
and Planning Director.
Prior to issuance of a building permit, the Building
Director shall review the architectural plans to ensure
compliance with the State of California interior noise
standard of 45 CNEL. At that time, any additional measures
(thicker glazing, sound absorption material, or shielding ol vents) to further attenuate the noise to acceptable level
shall be required.
This conditional use permit shall be reviewed by the Land
Use 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 kecommend that the Planning Commission, after providing the permittee the opportunity t<
be heard, add additional conditions to mitigate the significant adverse impacts. This permit may be revoked after a public hearing, if it is found that the use has a significant detrimental affect on surrounding land uses and
the public's health and welfare, or the conditions imposed
herein have not been met.
This conditional use permit granted by the City shall be
utilized within 18 months after the effective date thereof. Failure to utilize this conditional use permit within an 18
month period will automatically void the same.
The developer shall construct a solid masonry wall along thc
westerly and easterly property lines prior to occupancy of the project. The precise location and design of said walls
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shall be approved by the Land Use Planning Manager prior to issuance of building permits.
A precise recreation plan and sidewalk plan shall be approved by the Land Use Planning Manager prior to issuance of building permits.
Prior to the issuance of any building permits the applicant
and the City shall enter into an agreement for operation of the project as a professional care facility. Said agreement shall include provisions for the 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. In addition to the agreement, the City will accept and record the applicant's offer of a voluntary deed restriction limiting the use of the property to the operation of a professional care facility.
The applicant shall submit an annual report to the Land Use Planning Manager. Said report shall address ages of'
occupants, number of persons within the project, and professional services provided .
All on site parking spaces shall be available to the tenant:
of the project at no fee.
This conditional use permit shall be recorded in the Office of the County Recorder.
If this project is converted to a residential use the applicant shall be required to obtain a letter from the
Carlsbad School District indicating that the appropriate
school fees have been paid.
Should this project be converted to a residential use the
developer shall be responsible for any other applicable fees
in effect at that time which have not been previously paid.
Enaineerina Conditions:
The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
The grading for this project is defined as "controlled grading" by Section 11.06.170(a) of the Carlsbad Municipal
Code. Grading shall be performed under the observation of i
civil engineer whose responsibility it shall be to
coordinate site inspection and testing to insure compliance of the work with the approved grading plan, submit required
reports to the City Engineer and verify compliance with Chapter 11.06 of the Carlsbad Municipal Code.
No grading shall occur outside the limits of the project unless a letter of permission is obtained from the owners of
the affected properties.
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A separate gra inq plan sha 1 be submatted and approved and a separate grading permit issued for the borrow or disposal site if located within the city limits.
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 develope
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.
The developer shall exercise special care during the
construction phase of this project to prevent any off-site
siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/detentio basins of type, size and location as approved by the 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 c approved by the City Engineer. The developer shall maintai 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 County
Department of Sanitation and Flood Control or the City Engi neer.
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 offe
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.
Improvements listed in this section shall be installed or agreed to be installed by secured agreement by the develope
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 pric to issuance of any building permit. The developer shall install said improvements to the satisfaction of the City Engineer prior to issuance of a Certificate of Occupancy or
occupancy of any portion of the project for any purpose.
The improvements are:
6.
a) Laguna Drive from Davis Avenue to its terminus at
Interstate 5 constructed to collector street standards
on its northerly side plus an adjoining 12 foot wide lane immediately south of its centerline. Except for portions of the street fronting this project, no additional street right-of-way dedication will be required from this project. b) Knowles Avenue from its easterly intersection with Davi Avenue to its terminus at Interstate 5 constructed to local street standards on its southerly side plus an
adjoining 12 foot wide lane immediately north of its
centerline except that sidewalks and street lights may be deleted from those portions of the street not fronting this project. Except for portions of the street fronting this project, no additional street
right-of-way dedication will be required from this
project. c) Standard cul-de-sacs at the termini of Rnowles 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 an 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 50-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.
introducing storm water from the existing 24-inch diameter storm drain pipes at the easterly terminu of Laguna Street onto Laguna Street. e) Street lights on the public street frontage of the
vii) The Developer provides a satisfactory method of
project.
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Unless a standard variance has been issued, no variance from
City Standards are authorized by virtue of approval of this project plan .
The developer shall comply with all the rules, regulations
and design requirements of the respective sewer and water
agencies regarding services to the project . The developer
shall construct a water main across the subject property, between Laguna Drive and Knowles Avenue . These improvements shall be installed or agreed to be installed by secured agreement by the developer before the issuance of any building permit. The developer shall obtain approval of the plans from the City Engineer and pay all associated fees and performance guarantees prior to issuance of any building
permit. The developer shall install said improvements to
the satisfaction of the water district and City Engineer prior to issuance of a Certificate of Occupancy or occupancy of any portion of the project for any purpose.
The applicant shall install sidewalks to city standards on the north side of Laguna between the westerly project
boundary and the east side of Davis Street.
Prior to the issuance of a building permit for the project
the developer shall pay for half of the installation of a
traffic signal at the intersection of Jefferson Street and Laguna Drive to the satisfaction of the City Engineer.
All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "No Parking/Fire Lane
Tow Away Zone" pursuant to Section 17,04.040, Carlsbad
Municipal Code.
All plans, specifications, and supporting documents for the improvements of this project shall be signed and sealed by the Engineer in responsible charge of the work. Each sheet shall be signed and sealed, except that bound documents may
be signed and sealed on their first page. Additionally the
first sheet of each set of plans shall have the following
certificate:
"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)
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Firm:
Address:
City, St.:
Telephone:
BY (Name of Engineer) Date :
R.C.E. NO. #
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 .
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Fire Conditions:
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Prior to the issuance of building permits, complete buildinc plans shall be submitted to and approved by the Fire Department.
Additional public and/or on site fire hydrants shall be provided if deemed necessary by the Fire Marshal.
All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building material!
being located on the project site.
Proposed security gate systems shall be provided with "Rnox'
key operated override switch, as specified by the Fire De-
partment.
All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department foi approval prior to construction.
Building exceeding 10,000 sq.ft. aggregate floor area shall be sprinklered or have four-hour fire walls with no opening: therein which shall split the building into 10,000 sq.ft. (or less) areas.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 19th day of FebruarY 1985
by the following vote, to wit:
AYES:
NOES: “e
ABSENT: Hone
C”Ci1 makers Casler, Lewis, Kulchin, Chick and Pettine
ATTEST:
ALETHA a-ktLR L. l?kTEN-$ R Clerk
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, LQCATION MAP
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BUENP - VISTA [WA
DAVIS 1
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VILLAS DE CARLSBAD