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HomeMy WebLinkAbout2000-09-20; Planning Commission; Resolution 48291 2 3 4 5 6 7 8 9 10 11 12 13 14 1.5 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4829 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF A CONDITIONAL USE PERMIT TO ALLOW THE TYLER COURT SENIOR APARTMENT PROJECT ON PROPERTY GENERALLY LOCATED AT 3363 TYLER STREET IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: TYLER COURT SENIOR APARTMENTS CASE NO.: CUP 2 17(A)x2 WHEREAS, the City of Carlsbad Housing and Redevelopment Agency, “Developer,” and “Owner,” has filed a verified application with the City of Carlsbad regarding property owned by described as Parcel 1: The southwesterly 106 feet of Lot 9, of industrial tract in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 1743, of, January 3, 1923. Parcel 2: The southwesterly 61.00 feet of the southeasterly 69.10 feet if Lot 9 of industrial tract, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 1743 Bled in the office of the county recorder of San Diego County, January 23,1923. Parcel 3: An easement and right-of-way for ingress and egress and all public utility purposes over, under and across the southeasterly 20 feet of the northwesterly 79.0 feet of Lot 9 of industrial tract, in the City of Carlsbad, according to map thereof no. 1743, Bled in the office of this recorder of San Diego County, January 3,1923. Parcel 4: Lot 10 of industrial tract, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 1743, Bled in the office of the county recorder of said San Diego County, January 3,1923. Parcel 5: That portion of Lot 11 of industrial tract, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 1743, filed in the office of the county recorder of San Diego County, January 3,1923. (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit Extension as shown on Exhibits “A” - “B” dated September 20, 2000, on tile in the Carlsbad Planning Department, TYLER COURT SENIOR APARTMENTS - CUP 217(A)x2, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - as provided by the conditions of approval of CUP 217(A)xl and Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 20th day of September, 2000, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the CLIP Extension. WHEREAS, on March 4, 1992, the Planning Commission approved CUP 217(A)xl as described and conditioned in Planning Commission Resolution No. 3297. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission 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 Planning Commission APPROVES TYLER COURT SENIOR APARTMENTS, CUP 217(A)x2 based on the following findings and subject to the following conditions: Findings: 1. The adopted project findings for CUP 217, CUP 217(A), and CUP 217(A)xl, which are contained in Planning Commission Resolutions No. 6985, 7474, and 3297 apply to this extension. Conditions: 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Conditional Use Permit. 2. This project shall comply with all conditions which are required as part of the approved Conditional Use Permit (CUP 217(A)xl) as contained in Planning Commission Resolution No. 3297, except Condition No. 2 of Planning Commission Resolution No. PC RESO NO. 4829 -2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. 4. - 3297 which is replaced by Condition No. 3 below, and Condition 3 which is replaced by Condition 4 below. This Conditional Use Permit is retroactively extended. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health and welfare. If the Planning Director determines that the use has such substantial negative effects, the Planning Director shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public’s health and welfare, or the conditions imposed herein have not been met. The applicant shall comply with the following rental requirements which 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 shall be sixty-two years of age. b. There shall be no more than two people residing in any one-bedroom unit. c. There will be no more than three people residing in any two-bedroom apartment, and that two of the three will be over sixty-two, except that if the third person is a live-in nurse or attendant required for medical reasons. d. Prior to any rentals the lease shall be summarised to the City for approval. e. The minimum age for any occupant of any unit shall be twenty-five years of age. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 4829 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 20th day of September 2000, by the following vote, to wit: AYES: Chairperson Compas, Commissioners Baker, Heineman, L’Heureux, Nielsen, Segall, and Trigas NOES: ABSENT: ABSTAIN: WILLIAM COMPAS, Chairp&son CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RBSO NO. 4829 -4.