HomeMy WebLinkAboutCUP 217A; Tyler Court Apartments; Conditional Use Permit (CUP)STAFF REPORT
DATE: SEPTEMBER 18, 1991
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECT: CUP 217CA1xl - TYLER COURT - Request for an extension of CUP 217(A)
allowing a senior housing project at 3363 Tyler Street in the RDM Zone.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution 3297
APPROVING a seven year extension of CUP 217(A) based on the findings and subject to
the conditions contained therein.
II. PROJECT DESCRIPTION AND BACKGROUND
On August 24, 1982, the City Council approved CUP 217 for a 75 unit senior housing
project located between Tyler Street and the railroad right-of-way in the RDM Zone.
The Conditional Use Permit, amended on January 17, 1984, was conditioned to expire
in five years unless an extension was requested and approved by the Planning
Commission.
Over the past months, the Planning Department has created a monitoring program to
track projects conditioned with expiration dates. This program has identified a number
of expired conditional use permits. In order to allow the extension of those conditional
uses still in operation or existence, the Planning Department has given property owners
the opportunity to request extensions of the expired conditional use permits.
After notification by Staff, the applicant has requested an extension for the maximum
permitted time allowed by the conditional use permit.
in. ANALYSIS
The Tyler Court Senior Apartments have continued to operate as conditioned for the
past nine years. Changes to the project include the addition of a parking lot adding 26
spaces for a total of 51 spaces to serve the 75 unit project. Also, on October 21, 1987,
the Planning Commission deleted a condition which limited the occupancy of two-thirds
of the units to tenants without automobiles.
Planning Issues
Can the findings required for a Conditional Use Permit still be made?
1. Is the Tyler Court senior citizen project necessary and desirable for the
development of the community, essentially in harmony with the various elements
and objectives of the General Plan, and not detrimental to existing uses or users
specifically permitted in the area?
2. Is the site adequate in size and shape to accommodate the use?
3. Can all yards, fences, landscaping, and other features necessary to adjust the
requested use to existing or permitted future use in the neighborhood be
provided and maintained?
4. Is the street system serving the proposed use adequate to properly handle all
traffic generated by the proposed use.
DISCUSSION
The senior citizen housing project continues to be in harmony with the General Plan
and is necessary and desirable for the development of the community since it provides
housing designed to accommodate the needs of senior residents. The project is
compatible with the surrounding neighborhood which consists of both single family and
multiple family projects.
The site, enlarged to include a .20 acre parking lot which doubled the number of
parking spaces provided and brought thhe project into conformance with current
parking standards for senior residential projects, continues to be adequate in size and
shape to accommodate the project.
All required yards, fencing, landscaping, and on site parking have been been provided
and maintained as required in order to adjust the use to existing or permitted future
uses in the neighborhood.
The street system serving the proposed use continues to be adequate to properly handle
all traffic generated by the proposed use since street improvements widening Tyler
Street have been completed since the project was approved in 1982.
Condition No. 21 of Resolution 6985 approving CUP 217 and Condition No. 2 of
Resolution No. 7474 approving CUP 217(A) state that the Planning Commission may
grant extensions not to exceed five years. To extend CUP 217(A) for five additional
years, it is necessary to grant extensions totaling seven years. The first two year
extension is retroactive from January 17, 1989 through January 17, 1991, and the
CUP 217(A)Xl - TYLER COURT
SEPTEMBER 18, 1991
PAGE 3
second five year extension will allow the subject use to continue through January 17,
1996.
SUMMARY
Although CUP 217(A) has expired, the Tyler Court senior residential project is still a
desirable and compatible use at the approved location; therefore, Staff is recommending
that the Planning Commission accept the existing Conditional Use Permit as valid and
extend CUP 217(A)xl for seven years. This seven year period includes the past two
years as well as five additional years through January 17, 1996.
IV. ENVIRONMENTAL REVIEW
The Planning Director has determined that the environmental impacts of the project
have already been considered in the issuance of a Negative Declaration dated
July 29, 1982, and the extension of the conditional use permit allowing the
continuation of an existing use in an existing facility is categorically exempt according
to CEQA, Section 15301.
ATTACHMENTS
1. Pjagning Commission Resolution No. 3297
2. rnmifeim^ommtooion- Resolution No. 6985
3. PlaingCommioo^ft Resolution No. 7474
4. Location Map
5. Disclosure Statement
6. Staff Report dated October 21, 1987
7. Letter dated February 8, 1991.
August 19, 1991
AH:vd
•Citv of OferlsbaH
DISCLOSURE STATEMENT
APPUCANTS STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS
WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL, OR ANY APPOINTED
BOARD, COMMISSION OR COMMITTEE.
(Please Print)
The following information must be disclosed:
1. Applicant
List the namss and sddressas of a!! persons having a financial intsrsst in the application.
AVALOW PARTNERS r'''M!Di.v a Missouri Limited Partnership and
RIVA PARTNERS, LTD. , a Missouri Limited Partnership
5551 Camino Mira Costa, Suite #N
San Clemente, CA.92627
2. Owner
List the names and addresses of all persons having any ownership interest in the property involved.
S ABOVE ..
3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names an:
addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership
interest in the partnership.
AVALON PARTNERS, LTD. 40%
All individuals in the two partner- RlVA PARTNERS, LTD. 60%
ships own less than 101 interes^
in-the project partnership,
Tyler Court Partners, Ltd., the owner
ot record o± Tyler Lourt Apartments.
4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names an<
addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiar
of the trust.
Not applicable
(Over)
Disclosure Statement Page 2
5. Have you had more than $250 worth of business transacted with any member of City staff, Boards
Commissions, Committees and Council within the past twelve months?
Yes No X If yes, please indicate person(s)
Person is defined as: 'Any individual, firm, copartnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city
municipality, district or other politics! subdivision, or any other group or combination acting as a unit.'
INOTE: Attack-additional pages as necessary.)
May 29, 1991
Signature of Owner/date^
L&+- Obt1^^ Coojct, rhjcC^jLM.^
Ls Managing
Diane F. Olson, General Partner
Tyler Court Partners, Ltd.
Print or type name of owner
Signature of applicant/date
Tyler Court Apartments
Print or type name of applicant
(n May 29, 1991
3551 Camino Mir*3Sta, Suite #N, San Clemente,
(714) 493-4140
February 8, 1991
Ms. Erin K. Letsch
Management Analyst
City of Carlsbad
Planning Department
2075 Las Palmas Drive
Carlsbad, CA 92009-4859
Dear Ms. Letsch:
Re: CUP No. 217, g No. 217A
This letter hereby requests an extension of the above mentioned
permits for a five-year period.
Enclosed is a cheque for $375.00 for this permit.
If you have any questions please call me.
Sincerely,
LIDO INVESTMENTS, INC.
broule
itroller
JS/tcb
cc
encl.
STAFF REPORT
DATE: MARCH 4, 1991
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECT: CUP 217(A)xl - TYLER COURT - Request for an extension of CUP 217(A)
allowing a senior housing project at 3363 Tyler Street in the RDM Zone.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 3297
APPROVING an eight year and one and one-half month extension of CUP 217(A) based on
the findings and subject to the conditions contained therein.
II. PROJECT DESCRIPTION AND BACKGROUND
On August 24, 1982, the City Council approved CUP 217 for a 75 unit senior housing
project located between Tyler Street and the railroad right-of-way in the RDM Zone. The
Conditional Use Permit, amended on January 17, 1984, was conditioned to expire in five
years unless an extension was requested and approved by the Planning Commission.
Over the past months, the Planning Department has created a monitoring program to track
projects conditioned with expiration dates. This program has identified a number of
expired conditional use permits. In order to allow the extension of those conditional uses
still in operation or existence, the Planning Department has given property owners the
opportunity to request extensions of the expired conditional use permits.
After notification by Staff, the applicant has requested an extension for the maximum
permitted time allowed by the conditional use permit.
III. ANALYSIS
The Tyler Court Senior Apartments have continued to operate as conditioned for the past
nine years. In 1987, to qualify for financing, which required compliance with the City's
new 1 space/2 unit parking standard, the applicant requested administrative approval to
construct a parking lot on an adjacent parcel to serve the apartment project. The .20 acre
parcel was large enough to allow the construction of 26 additional spaces, increasing the
total parking spaces provided to 51. The project exceeds the minimum parking
requirement by 13 spaces and site inspections of the project by staff have determined that
these additional spaces are rarely utilized by residents. The Tyler Court property manager
has indicated that 40 tenants currently have automobiles.
CUP 217(A)xl - TYLER
MARCH 4, 1992
PAGE 2
The applicant has verified that tenants meet the age requirements as conditioned.
Approximately 30 of the one and two bedroom units, which range in size from 720 - 920
square feet, are occupied by tenants receiving Section 8 housing assistance.
Planning Issues
Can the findings required for a Conditional Use Permit still be made?
1. Is the Tyler Court senior citizen project necessary and desirable for the development
of the community, essentially in harmony with the various elements and objectives
of the General Plan, and not detrimental to existing uses or users specifically
permitted in the area?
2. Is the site adequate in size and shape to accommodate the use?
3. Can all yards, fences, landscaping, and other features necessary to adjust the
requested use to existing or permitted future use in the neighborhood be provided
and maintained?
4. Is the street system serving the proposed use adequate to properly handle all traffic
generated by the proposed use.
DISCUSSION
The senior citizen housing project is in harmony with the General Plan and is necessary
and desirable for the development of the community since it provides housing designed to
accommodate the needs of senior residents. The project is compatible with the surrounding
neighborhood which consists of both single family and multiple family projects.
The site, which has been enlarged to include a .20 acre contiguous parcel, is adequate in
size and shape to accommodate the 75 unit apartment project.
All required yards, fencing, and amenities such as indoor and outdoor recreation areas, a
large well equipped laundry facility, and a landscaped courtyard and perimeter landscaping
have been provided and maintained as required in order to adjust the use to existing or
permitted future uses in the neighborhood.
The street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use since street improvements widening Tyler Street have been
completed since the project was approved in 1982.
Condition No. 21 of Resolution 6985 approving CUP 217 and Condition No. 2 of
Resolution No. 7474 approving CUP 217(A) state that the Planning Commission may grant
extensions not to exceed five years. To extend CUP 217(A) for five additional years, it is
necessary to grant extensions totaling eight years and one and one-half months. The first
CUP 217(A)xl - TYLER (W
MARCH 4, 1992
PAGE 3
three years are retroactive from January 17, 1989 through March 4, 1992, and a five year
extension will allow the subject use to continue through March 4, 1997.
SUMMARY
The Tyler Court Senior Apartments are a desirable and compatible use and can be
adequately accommodated at the approved location. The original Conditional Use Permit
had an expiration date of January 17, 1989, however, due to the special extension
procedure explained above, the Planning Commission has the ability to accept the
Conditional Use Permit as valid and extend CUP217(A)xl for five additional years through
March 4, 1997. Staff therefore recommends approval of CUP 217(A)xl as conditioned.
IV. ENVIRONMENTAL REVIEW
The Planning Director has determined that the environmental impacts of the project have
already been considered in the issuance of a Negative Declaration dated July 29,1982, and
the extension of the conditional use permit allowing the continuation of an existing use in
an existing facility is categorically exempt according to CEQA, Section 15301.
ATTACHMENTS
1. Planning Commission Resolution No. 3297
2. Location Map
3. Disclosure Statement
4. City Council Resolution No. 6985
5. City Council Resolution No. 7474
6. Staff Report dated October 21, 1987
7. Letter dated February 8, 1991.
August 19, 1991
AH:vd:km
City of Carlsbad
TYLER COURT CUP 217(A)x1
City of Cftrlsbari
DISCLOSURE STATEMENT
APPLICANTS STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPUCAT10NS
WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY APPOINTED
BOARD, COMMISSION OR COMMITTEE.
(Piease Prim)
Tne following information must be disclosed:
1. Applicant
List the names and addresses of a!! persons having & financial interest in ths application.
AVy\J.ON'PARTNERS ;-i-LT:Di:y a Missouri Limited Partnership and
RLVA PARTNERS', LTD. , a Missouri Limited Partnership
5551 Camino Mira Costa, Suite #N
ban Cl entente, CA.92627
Owner
List the names and addresses of all persons having any ownership interest in the property involved.
&AIHE..AS ABOVE...., .
3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names an
addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnershi;
interest in the partnership.
AVALON PARTNERS LTD. 40%
All individuals in the two partner- RlVA PARTNERS, LTD. 60%
ships own less than 10% "interest
in the project partnership,
Tyler Court Partners, Ltd., the owner
ot record ot Tyler Lourt Apartments.
4 if any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names am
addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiar
of the trust.
Not applicable
(Over)
Disclosure Statement Page 2
Have you had more than $250 worth of business transacted with any member of City staff, Boarcs
Commissions, Committees and Council within the past twelve months?
Yes No _X_ If yes, please indicate person(s)
Person is defined as: 'Any individual, firm, copartnership, joint venture, association, social ciub, fraternal
organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city
municipality, district Of ot/ier pciitica; subdivision, or a-y other group or combination acting as a unit.'
{NOTE: Attach-additional pages as necessary.)
tt\May 29, 1991
Signature of Owner/date^
Managing
Diane F. Olson, General Partner
Tyler Court Partners, Ltd.
Print or type name of owner
May 29, 1991
Signature of applicant/date
Tyler Court Apartments
Print or type name of applicant
QM
/" --vINFORMATION ITEM
DATE: OCTOBER 21, 1987
TO: PLANNING COMMISSION
FROM: PLANNING DIRECTOR
CONDITION 15D, CUP-217(A), TYLER COURT APARTMENTS
I. RECOMMENDATION
It is recommended that the Planning Commission grant relief
from Condition 15d of CUP-217(A).
II. BACKGROUND
The City Council approved an amendment to Condition 15 of
CUP-217(A) on January 17, 1984. Part D of that condition
reads as follows, "Two-thirds of the units shall be limited
to occupancy by tenants who do not have automobiles." As
approved, the project has 75 dwelling units and 25 parking
spaces. At the time of this approval, senior projects were
allowed to be parked at ratios as low as one space per four
units. On April 29, 1986, the City Council enacted ZCA-187
which requires one space per two dwelling units for senior
projects. Subsequently, the property owner has raised the
total onsite parking to 51 spaces by expanding onto an
adjacent lot.
III. ANALYSIS
The applicant has provided 51 onsite parking spaces for 75
dwelling units. This is 13 spaces more than required by
ordinance. The most recent approval of a senior project, RP
86-3 Jefferson House II provided 29 spaces for 57 dwelling
units. No condition regarding auto ownership was placed upon
that project. The Tyler property presently has a ratio of
one space for each 1.47 dwelling units. At this time, the
applicant is requesting and the Planning Department supports
the deletion of Condition 15d from CUP-217(A).
ATTACHMENTS
1) Copy of Planning Commission Resolution
2) Site Plan showing expanded parking
BH:dm
3551 Camino Mira^Bsta", Suite #N, San Clemente,
(714) 493-4140
W92672
February 8, 1991
Ms. Erin K. Letsch
Management Analyst
City of Carlsbad
Planning Department
2075 Las Palmas Drive
Carlsbad, CA 92009-4859
Dear Ms. Letsch:
Re: CUP No. 217, § No. 217A
This letter hereby requests an extension of the above mentioned
permits for a five-year 'period.
Enclosed is a cheque for $375.00 for this permit.
If you have any questions please call me.
Sincerely,
LIDO INVESTMENTS, INC.
broule
stroller
JS/tcb
cc
encl.