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Home My WebLink About1982-05-26; Planning Commission; Resolution 1965'r 0 e 1 I1 PLANNING COMMISSION RESOLUTION NO. 1965 2 3 4 5 6 7 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTIONS 21.14.015 (R-3L), 21.16.016 (R-3), 21.20.025 (R-T), 21.22.015 (R-W) AND 21.24.025 (RD-M) TO INCLUDE THE SENIOR CITIZENS HOUSING DEVELOPMENT ORDINANCE IN ALI THE MULTI-FAMILY ZONES. APPLICANT: CITY OF CARLSBAD CASE NO: ZCA-142 WHEREAS, the Planning Commission did, on the 26th d; 8(l14ay, 1982, hold a duly noticed public hearing as prescribed k. 9 10 11 12 13 14 , to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persc desiring to be heard, said Commission considered all factors relating to the Zone Code Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannin I l5 18 B) That based on the evidence presented at the public hearin I? A) That the above recitations are true and correct. l6 Commission as follows: Findings: z0 hereof, based on the following findings: 19 "A", dated May 26, 1982, attached hereto and made a part Commission recommends APPROVAL of ZCA-142, according to E because it implements an adopted action program of the Ho' 1) That the proposed amendment is consistent with the Genera. 2, 22 II Element. 23 2) That approval of this amendment will allow the city to co: 24 senior housing projects in other multi-family zones besidl 3) That the environmental effects of the project have been 25 R-P zone. 27 26 addressed in conjunction with previously certified environmental documents and the Planning Director has isst Notice of Prior Compliance. //// 28 //// I1 e 1 PASSED, APPROVED AND ADOPTED at a regular meeting Of 2 26th day of May, 1982, by the following vote, to wit: 3 Planning Commission of the city of Carlsbad, California, held 4 5 AYES: Farrow, Rombotis, Schlehuber, Friestedt, Raw: NOES: None 6 II ABSENT: Marcus, Jose 7 11 ABSTAIN: None a 9 10 VERNON J. FARROW, 'SR.,, Chairm CARLSBAD-BLANNING COMMISSION 11 11 ATTEST : 12 1~~~ (9 $ -, ,"&,4fi7 ,e a. &', - , fl,L/U,d- fiES C.- HAGAMy'/ S retary &BAD PLANNING ,''O~MISSION /x / 15 16 17 18 ,.*' 19 ,I 2o ~ 21 22 23 24 25 11 26 27 28 PC RES0 No. 1965 -2- 0 EXHIBIT "A" MAY 26, 1982 1 /I ORDINANCE NO. 2 3 4 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTER 21.14, 21.16, 21.20, 21.22 AND 21.24 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 21.14.015 (R-3L), 21.16.016 (R-3), 21.20.025 (R-T), 21.22.015 (R-W) AND 21.24.025 (RD-M) TO AUTHORIZE SENIOR CITIZENS HOUSING DEVELOPMENT IN ALL THE MULTI-FAMILY ZONES 6 II The City Council of the city of Carlsbad, California 7 //ordain as follows: 8 SECTION 1: That Title 21, Chapters 21.14, 21.16, 21 9 21 -22 and 21.24 of the Carlsbad Municipal Code are amended by lo 21.24.025 to read as follows: I' addition of Sections 21.14.015, 21.16.016, 21.20.025, 21.22.0 12 Senior citizen housing by conditional use permit. ( section is intended to provide a vehicle whereby the City Cou l3 may foster the development of rental housing available only t senior citizens by making available a conditional use permit would otherwise be permitted in the zone. l4 15 such development which can give an increase in density over w 17 this zone where the general plan applicable to such property privately developed senior citizen rental housing on property 16 (b) The City Council may approve a conditional use perm residential uses. The provisions of Chapter 21.42 of this co shall apply to such permits except as modified by this sectio (c) In addition to the findings required by Section 21. l8 the conditional use permit shall be granted only if the City 19 finds that the project's location will afford the residents o project easy access to community, commercial and service 20 facilities. (d) If a conditional use permit is approved, the follou 21 conditions of approval shall be met: (1) The minimum age of at least one of the occupant 22 each unit shall be sixty-two years of age; (2) All buildings exceeding two stories shall inclc 23 elevators; (3) All development standards of the R-P zone shall 24 satisfied; (4) Parking areas shall be improved in conformance 25 the development standards of Chapter 21.44; (5) Parking spaces as required by the conditional L 26 permit shall be available to the tenants of the project at nc (6) Any other conditions deemed necessary to protec 27 health, safety and general welfare of the residents of the pr and the general public. 28 //// > 0 0 (e) Upon request by an applicant, and in return for hiE I City Council shall determine the parking to be required for t 4 would otherwise be required for the project, may be granted. (1) A reduction in the number of parking spaces whi project: 3 the City Council may, notwithstanding special standards to tk: 2 section, and the terms and conditions of the conditional use agreement to develop and operate the project in accordance wj (2) An increase in the number of dwelling units pc 6 shall be provided; !j project provided a minimum of one space for each four dwellir 9 (f) An application for a conditional use permit under t units per net acre. 8 for the project not to exceed a maximum of seventy-five dwell The City Council shall determine the number of units to be pc 7 which would otherwise be permitted for the project may be gr; section shall be accompanied by a site plan, landscape plan, elevations, detailed methods of maintenance and a plan showin the project can be altered to bring it into compliance with t lo standards of this zone. If the plan is approved, the applice shall submit detailed site and building plans showing the cor I’ for approval of the Planning Director prior to the issuance c 12 building permits. If approved, such plan shall be a part of conditional use permit, (9) The City Council has determined that the deviation l3 the standards of the zone is only justified if it results in 14 provision of housing for senior citizens. 15 constructed, operated and maintained in accordance with the requirements of this section and the conditional use permit, 16 it is not so constructed, operated or maintained, that it is up to the standards of the zone pursuant to the approved conr 17 plan, the City Council finds it necessary to hold an equity 5 In the project. In the event that a developer wishes to take 18 advantage of the special standards contained in this section, developer, as a condition of approval, shall grant the city z 19 equity position in the project as follows: (1) The City Manager or his representative shall, i z0 concert with the developer, determine the total land area req for a standard project of the magnitude of the proposed proje 21 From this figure the land area of the proposed project shall deducted. The figure resulting from this computation shall b z2 referred to as the “project area differential”; (2) The City Manager and the developer shall then a 23 at the value of the project area, This can be done either th negotiation or appraisal made by a qualified MA1 appraiser jo 24 agreed upon by the City Manager and the developer. The cost incurred in this effort shall be the responsibility of the 25 developer, If the developer and City Manager do not agree, t matter shall be referred to the City Council whose decision s 26 final; 27 28 CI In order to insure that a senior citizen housing project (3) Upon determination of the value of the project differential, the developer shall convey to the city a second deed or other security as approved by the City Attorney in su .L I1 I1 0 0 amount and at an interest rate equivalent to that determined I. trust deed or the construction loan for the project; 4 second trust deed or other security may be subordinated to a 3 shall be required on this note except as hereinafter providec lending institutions providing second mortgage loans. No pa> 2 determined by the City Manager based on a survey of three mal the area's secondary mortgage market rate. This rate shall k once in the Carlsbad Journal within fifteen days after its 16 adoption of this ordinance and cause it to be published at le l5 days after its adoption, and the City Clerk shall certify to I' 13 be recorded in the off ice of the county recorder. I-2 immediately due and payable. 'I does not so agree, all principal and accrued interest shall b terms of this section and the conditional use permit. If the lo transferable upon sale so long as the buyer agrees to abide b the developer/owner; 9 conversion the city will convey its interest in the project 1: 8 development to meet the standards of the zone. Upon payment options in retiring the note to pay in cash or convert the 7 become immediately due and payable. The developer shall have senior citizen housing, all principal and accrued interest sh 6 conditional use permit, or if the project is used for other t maintained in violation of any of the terms of this section c 5 the City Council determines that the project is being operate (4) In addition to all other remedies provided by 1 (5) The security required by this subsection shall (h) The conditional use permit and the conversion plan EFFECTIVE DATE: This ordinance shall be effective t l7 adopt I€3 //// l9 I//// 20 21 22 23 //// ///I //// //// 24 //// 25 26 27 //// //// //// 28 /I//// .ion. -3- . b // e a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 INTRODUCED AND FIRST READ at a meeting of the Carlsb Council held on the day of , 1982 thereafter PASSED AND ADOPTED at a regular meeting of said Ci Council held on the day of , 1982 the following vote, to wit: AYES : NOES : ABSENT : RONALD C. PACKARD, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 15 16 17 18 19 ~ 20 21 22 23 24 25 11 26 27 28 I1 -4-