HomeMy WebLinkAbout1982-08-24; City Council; Resolution 69851
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RESOLUTION NO. 6985
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT TO PERMIT A 75 UNIT SENIOR CITIZEN HOUSING
PROJECT ON PROPERTY GENERALLY LOCATED AT 3363 TYLER
STREET.
APPLICANT: SWEATTE
CASE NO: CUP-217
WHEREAS, a verified application has been filed with the
city of Carlsbad and referred 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 of the City of Carlsbad, on
August 24, 1982, held a public hearing to consider the
recommendations and heard all persons interested in or opposed to
Conditional Use Permit (CUP-217); and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
city of Carlsbad, California as follows:
A. That the above recitations are true and correct.
B. That based on the evidence presented at the public
hearing, the Council APPROVES CUP-217, based on the following
findings and subject to the following conditions:
Findings :
1) The proposed use is necessary and 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 this zone, because there is a need for affordable
rental housing for senior citizens in close proximity to
downtown Carlsbad.
2) The subject property is adequate in size and shape to
accommodate the proposed use, because all of the buildings'
parking, open space and other amenities can be provided on
site without any reduction in the required setbacks.
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3) All of the yards, setbacks, walls, fences, landscaping and
other features necessary to adjust the requested use to
existing and permitted future uses in the neighborhood will be
provided and maintained, because all of the required yards and
setbacks will be maintained and the perimeter of the project
will be landscaped and fenced with a six-foot high wood fence.
4) The street system serving the subject property is adequate to
properly handle all traffic generated by the proposed use,
because this project should generate relatively little traffic.
The developer of this project will provide for the widening of
Tyler Street in front of the subject property.
5) The project's location will afford the residents of the project
easy access to community, commercial and service facilities,
because this project is only 3-1/2 blocks from the center of
downtown Carlsbad.
6) This project will not cause any significant environmental
impacts and a Negative Declaration has been issued by the Land
Use Planning Manager on July 29, 1982 and approved by the City
Council on August 24, 1982.
7) Upon the request of the applicant and in return for his
agreement to develop and operate this project in conformance
with Section 21.18.045 of the Carlsbad Municipal Code, the City
Council has allowed an increase in the number of dwelling units
per acre for this site from a maximum of 20 units/acre to 63.5
units/acre and a reduction in the number of required parking
spaces from 115 spaces to 25 spaces. If the applicant does not
develop and operate this project in conformance with Section
21.18.045, the approved conditional use permit will be
cancelled and the applicant must implement the approved
conversion plan to bring this project into conformance with the
city's development requirements for a standard apartment
project.
8) The requested reduction in parking is acceptable at this
location based upon input provided by other cities that have
had similar projects successfully developed within their
jurisdiction.
General Conditions:
1) Approval is granted for CUP-217, as shown on Exhibit(s) "A" -
IIJ", dated, June 8, 1982, incorporated by reference and on file
in the Land Use Planning Office. Development shall occur
substantially as shown unless otherwise noted in these
conditions.
2) This project is approved upon the express condition that
building permits will not be issued for development of the
subject property unless the City Engineer determines that sewer
facilities are available at the time of application for such
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sewer permits and will continue to be available until time of
occupancy.
This project is approved upon the express condition that the
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 for payment of said
fee a copy of that agreement dated May 26, 1982, 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.
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 irrigation
plan which shall be submitted to and approved by the Land Use
Planning Manager prior to the issuance of building permits.
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 in
conformance with the city's Sign Ordinance and shall require
review and approval of the Land Use Planning Office prior to
installation of such signs.
The driveway area between the double rows of parking in the
northwesterly portion of the property shall be widened to 30'.
The trash enclosure shall be relocated to the satisfaction of
the Land Use Planning Manager.
Trash receptacle areas shall be enclosed by a 6 foot high
masonry wall with gates pursuant to city standards.
All roof appurtenances, including air conditioners, shall be
architecturally integrated and shielded from view and the sound
buffered from adjacent properties and streets to the
satisfaction of the Land Use Planning Office and Building and
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Planning Director.
Prior to the issuance of any building permits the applicant
and the city shall enter into an agreement giving the city an
equity position in the project in accordance with Section
21.18.045 of the Carlsbad Municipal Code.
The following requirements shall be made part of the lease
agreement executed for all rentals at this project:
a. The minimum age of at least one occupant of each unit
b. There shall be no more than two people residing in any one
c. There will be no more than three people residing in any
shall be sixty-two years of age.
bedroom unit.
two-bedroom apartment, and that two of the three will be
over sixty-two, and the third person over thirty-five,
except that if the third person is a live-in nurse or
attendant required for medical reasons.
d. Two-thirds of the units shall be limited to occupancy by
tenants who do not have automobiles.
e. Prior to any rentals the lease shall be summarized to the
City for approval.
All on site parking spaces shall be available to the tenants
of the project at no fee.
This conditional use permit including the conversion plan shal
be recorded in the office of the County Recorder.
This conditional use permit shall not become effective until
ZCA-142 which included the Senior Citizen Housing Ordinance in
the RD-M zone becomes effective.
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.
If the City Council determines that the project is being
operated in violation of this approval or any conditions
thereof, the City Council may require the applicant to convert
the project to a development which meets all standards of the
underlying zone per the recorded conversion plan per Exhibits
dated June 8, 1982. f1H*!, 11111, and IIJ",
This conditional use permit is granted for a period of five
years. Applicant shall submit an annual report showing
compliance with the terms of this permit.
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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 detrimental impact on surrounding properties or the
public health and welfare. Part of this yearly review will be
to determine if all buildings, landscaping and parking areas
are being maintained in a condition acceptable to the Building
Official, Fire Marshall, Parks and Recreation Director and the
Land Use Planning Manager. If the Land Use Planning Manager
determines that the use has such adverse impacts, or it is not
being maintained in a satisfactory condition, the Manager
shall recommend that the City Council, after providing the
permittee the opportunity to be heard, add additional
conditions as the Council determines necessary. This permit
may be revoked at any time after a public hearing, if it is
found that the use has a 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 five years upon
written application of the permittee made not less than 90 days
prior to the expiration date. In granting such extension, the
City Council shall find that no substantial adverse affect on
surrounding land uses the public's health and welfare will
result because of the 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.
21) The applicant shall provide for the installation of public
improvements along the Tyler Street frontage in accordance
with city standards and to the satisfaction of the City
Engineer.
!Fire DeDartment
Engineering Department
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22) Prior to the issuance of building permits, complete building
plans shall be submitted to the Fire Department for review and
approval.
23) All required fire hydrants, water mains and appurtenances shall
be operational prior to combustible building materials being
located on the project site.
24) Proposed security gate systems shall be provided with "Knox"
key operated override switch, as specified by the Fire De-
partment.
25) 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.
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6)
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91
Fire retardant roofs are 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.
Buildings exceeding 10,000 sq.ft. aggregate floor area shall be
sprinklered or have four-hour fire walls with no openings
therein which shall split the building into 10,000 sq.ft. (or
less) areas.
Two additional fire hydrants will be required for this
project. One shall be located at the street front adjacent to
the driveway. The second shall be located at the rear of the
building in the landscaped area along the southerly property
line.
arks and Recreation Department
01 All street trees shall be selected from the street tree list
approved by the Parks and Recreation Department. All street
trees shall be planted a minimum of 10 feet from curbs and 5
feet from sidewalks.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
ity Council of the city of Carlsbad, California, on the 24th
ay of p,yl;us t, , 1982 by the following vote, to wit:
AYES : Council Members Lads, Kulchin and Chick
NO E S :
ABSENT : Council Member Casler
Council Member hear
CLAUDE A, LEWIS, Vicekyor
TTEST:
SEAL)
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