HomeMy WebLinkAbout1979-07-25; Planning Commission; Resolution 1533..
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PLANNING COMMISSION RESOLUTION NO. 1533
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING DENIAL OF A ZONE CODE
AMENDMENT TO TITLE 21 OF THE MUNICIPAL CODE OF CARLSBAD,
TO AMEND CHAPTER 21.18 TO PROVIDE FOR PRIVATE SENIOR
HOUSING.
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CASE NO: ZCA-85 APPLICANT: CITY OF CARLSBAD
WHEREAS, the City Council of the City of Carlsbad directel
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housing within the City, subject to certain conditions; and
WHEREAS, the Planning Commission reviewed a draft ordinan
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Zone Code Amendment to staff for further review and report; an 13
WHEREAS, in November of 1977 the City Council returned th 12
1409 setting forth its findings and recommendations; and I'
in October of 1977 and adopted Planning Commission Resolution
Commission did hold a duly noticed, public hearing on July 11, l5
WHEREAS, pursuant to City Council direction, the Planning
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1979 to consider the revised Zone Code Amendment; and
WHEREAS, the Planning Commission received all testimony a
arguments, if any, of all persons desiring to be heard, and
upon hearing and considering all factors relating to the Zone
Amendment 85, found the following facts and reasons to exist:
1. The proposal provides no assurance of rent control.
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2. No significant benefits appear to be returned to the City
exchange for reduced development standards. No assurance been given that reduced building standards will be compen
by reduced rental rates.
reduction in mobility, the relaxed standards in density,
parking.
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1 WHERE;AS, the Planning Commission, by the following vote,
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ABSTAIN: Schick 6
NOES: None 5
AYES: L'Heureux, Wrench, Marcus, Jose, Larkon 4
hereto: 3
DENIED ZCA-85, as per Exhibit A, dated February 16, 1979, atta
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ABSENT: Rombotis
9 NOW, THEREFORE, BE IT HEREBY RESOLVED, that the aforement
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recitations are true and correct.
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STEPHEN M. L'HEURUEk, Chail
CARLSBAD PLANNING COMMISSI(
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15 ATTEST :
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STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO 1 CITY OF CARLSBAD 1 ss
I, JAMES C. HAGAMAN, Secretary to the Planning
Commission of the City of Carlsbad, California, do
hereby certify that the foregoing resolution was duly
introduced, approved and adopted by the Planning
Commission of the City of Carlsbad at a regular meeting
of said Commission held on the day of July 25, 1979,
by the following roll call vote:
AYES: L'Heureux, Marcus, Jose, Larson, Schick
NOES : None
ABSTAIN : Rombotis
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ABSENT : Wrench
ZCA- 85
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WIBIT A February 16, 1379
ORDINANCE NO,
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AN ORDINANCE OF THE CITY COUNCIL OF TKE
CITY -OF CARLSBAD, CALIFORNIA AICENDING
TITLE 21, CHAPTER 21.18 OF THZ CARLS3AD
lril39JICIPAL CODE BY THE ADDITION OF
SECTION 21.18.045 TO PROVIDE FOR SENIOR
CITIZEN HOUSIEG BY CONDITIOXAL USE I' PEFSIIT IN THE R-P ZONE. -
6 i The City Council of the City of.Carisbad, California
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, to read as follows: 9
Mu.nicipaP Code is amended by the additional or' Section 21.18.
SECTION 1: That Title 21, Chapter 21.I.g of the Carlsba.6 8'
does ordain as follows:
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*21.18.045 Senior Citizen Housing By Cozditiond. Use
PeriTIit, .(a) This section is intended to prcvide a vehicle.
whereby the City Council may foster the develaFment or"
rental housing available only to senior cit-lzans by mzking
available a conditional use permit for such development which can give an gncrease in density over what would othcrwj
be permitted in the zoAe.
(b) The City Council. may approve a conditional use
pernit for privately developed senior citizen rental housing
on property in the R-P Zone where the general plan applicable
to such property permits residential uses. The provisions of Chapter 21.42 of this Code shall apply to such permits
except as modified by this section.
(c) In addition to the findings required Sy Section
21.42.020 the conditional use permit shall be granted only if the City Council finds that the project's location will
afford the residents of the project easy access to corrmunity,
comercial and service facilities.
following conditions of approval shall be met:
occupants of each unit shall be sixty-two years df age.
include elevators.
shall be satisfied.
with the development standards of Chapter 21.44.
use permit shall be available to the tenants of the project
at no fee.
protect the health, safety and general welfare of the reside.
of the project and the general public.
his agreement to develop and operate the project in accord-
ance with this section, and the terms and conditions of the
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(d) If a conditional use permit is approved, the
1. The minimum age of at least one of the
2, All buildings exceeding.two stories shaii
3. All development standards of the R-P Zane
4. Parking areas shall be improved in confornaccl
5. Park.ing spaces as required by the conditional
6. Any other conditions deemed necessary to
(e) Upon request by an applicant, ar,d in return for
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conditional use pemtit, the City Council may, notwithstand.ing
anything in this Code to the contrary? apply the following
special standards to the project: I. A reduction in the number of parking spaces
which WOU~C? otherwise be required for the project, may be granted, The City Cozneil shdl determine the parking to be required for the project provided a minimum of one space for each four dwelling units shall. be provided,
per acre which would othervise be penr,itted for the project
may be granked. The City Coancii. shall determine the number
of units to be pemitted for the project not to exceed a maximum of sixty-five dwelling units per net acre.
(f) Aa application for a conditional use pelmit under this section shall be acconpanird by a site plan, landscape plan, elevations, detailed methods of maintenance and a plan
showing how the project can b? altzred to brir?g it into
compliance with the standards of the R-P Zons. If the pkn is approved, the applicant shall submit detailed site and
building plans showir,g the conversion €or a?,-roval of the Planning Director prior to the issuance of ScilZing permits.
If apprcved, such plan shall be a part of the ccnditional use permit.
from the standards'of the Zone is only<justkfied if it
results in the provision of haising for senix citizens.
project is constructed, operated and maintainel! in accordance with the requirements of this section and the conditional
use permit, or if it is not so constructed, operated or
maintained, that it is brought up to the standards of the Zone pursuant to the approved conversion plan, th2 City
Council finds it'necessary to hold an equity position in the
project. In the event that a developer wishes to take
advar,tage of the special standards contained in this section,
the developer, as a condition of approval, shall grant the
City an equity position in the project as follows: 1, The City Xanager or his representative shall, in conccrt with the developer, determine the total.lar,d area required for a stzndard project of the magnitude of the
proposed project. From this figure the land area of the proposed project shall be deducted. The figure resulting
from'this cornputation shall be referred to as the "project area differential" .
arrive at the value of the project area. This can be done either through negotiation or appraisal made by a qualified
MA1 appraiser jointly agreed upon by the City Manager and
the developer. Thz cost incurred in this effort shall be the responsibility of the developer. If the developer and
City Manager C.2 not agrEe, the rmtter shall be referred to
the City Council whose decision shall be final.
area differential, the developer shall convey to the City of
2, An increase in the number of dwelling units
(9) The City Council has detemLned that the deviatio~
In order to insure that a senior citizen housizg
2, The City Manager and the developer shall then
' 3. Upcn determination of the value of the project
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Carlsbad a second trust deed or other security as approved
by the City Attorney in such amount and at an interest rate equivalent to that deternined to be the area's secondary
mortgage market rate, This rate shall be determined by the
City Manager based on a survey of three major lending
institutions providing second mortga,ge Loans. No paymerzt shall be required on this note except as hereinafter provided
The second trust deed or other security may be subordinated .to a first trust deed OK the construction loan for the projec
by law, if the City Council determines that the project is being operated or maintained in violation of any of the 'cesms bf this section or the conditional use permit, or if the project is used for other than senior citizen housing,
all principal and accrued interest shall become immediately due and payable, The developer shall have the options in
retiring the note to pay in cash or convert tke development to meet the standards of the Zone. Upon papent or comersio
the City will convey its interest in the project back to the
developer/owner.
shall be transferable upon sale so long as tks buyer aqrees
to abide by the terms of this section and the conditional
use permit, If the buyer does not so agree, ail principal- and accrued interest shall become immediately 6x2 and payable,
shall be recordad in the Office of the County Recorder for San Diego County. . ...
4. In additicr, to all other remedies provided
5. The security required by this subsection
(h) The conditional use permit and the conversion pia
I EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and the City Clerk shall
:certify to the adoption of this ordinance and cause it to be
published at least once in the Carlsbad Journal within
fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
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Carlsbad City Council held on the day of
1979 and thereafter
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PASSED AND ADOPTED at a regular meeting of said City
Council held on the day of f 1979 by
the follcwing vote, ' to. wit: ..
AYES :
NOES :
ABSENT:
RONALD C. PAWARD, Mayor
ATTEST:
aETtW L. IGiUTENICRANZ, City Clerk
(SEAL j
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