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HomeMy WebLinkAbout1979-08-21; City Council; 9528; CMC 21.18.045 add - Senior citizen housing by CUP in R-P zone1. 1 2 3 4 5 6 7 a 9 10 11 12 0 I- o 1E 15 2c 23 2: 22 24 2: 2f 27 28 ORDINANCE NO. 9528 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21, CHAPTER 21.18 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 21.18.045 TO PROVIDE FOR SENIOR CITIZEN HOUSING BY CONDITIONAL USE PERMIT IN THE R-P ZONE. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Title 21, Chapter 21.04 of the Carlsbad Municipal Code is amended by the additional of Section 21.18.045 to read as follows: Permit. (a) This section is intended to provide a vehicle whereby the City Council may foster the development of rental housing available only to senior citizens by making available a conditional use permit for such development which can give an increase in density over what would otherwise be permitted in the zone. permit 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. 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 by 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 community, commercial and service facilities. following conditions of approval shall be met: occupants of each unit shall be sixty-two years of 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 residents 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 (b) The City Council may approve a conditional use The provisions (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 shall 3. All development standards of the R-P Zone 4. Parking areas shall be improved in conformance 5. Parking spaces as required by the conditional 6. Any other conditions deemed necessary to (e) Upon request by an applicant, and in return for 1 2 3 4 5 6 7 8 9 10 11 12 0 6 19 20 21 22 23 24 25 26 27 28 conditional use permit, the City Council may, notwithstanding anything in this Code to the contrary, apply the following special standards to the project: 1. A reduction in the number of parking spaces which would otherwise be required for the project, may be granted. The City Council shall 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 otherwise be permitted for the project may be granted. The City Council shall determine the number of units to be permitted for the project not to exceed a maximum of seventy-five dwelling units per net acre. (f) An application for a conditional use permit under this section shall be accompanied by a site plan, landscape plan, elevations, detailed methods of maintenance and a plan showing how the project can be altered to bring it into compliance with the standards of the R-P Zone. If the plan is approved, the applicant shall submit detailed site and building plans showing the conversion for approval of the Planning Director prior to the issuance of building permits. If approved, such plan shall be a part of the conditional use permit. from the standards of the Zone is only justified if it results in the provision of housing for senior citizens. project is constructed, operated and maintained 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, the City Council finds it necessary to hold an equity position in the project. In the event that a developer wishes to take advantage 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 Manager or his representative shall, in concert with the developer, determine the total land area required for a standard 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 computation 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. The cost incurred in this effort shall be the responsibility of the developer. If the developer and City Manager do not agree, the matter 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 determined that the deviation In order to insure that a senior citizen housing 2. The City Manager and the developer shall then 3. Upon determination of the value of the project 2. 1 2 3 4 5 6 7 a 9 10 11 12 9 1s 2c 21 22 2: 24 2E 2E 27 2€ 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 determined 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 mortgage loans. 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 or the construction loan for the project. by law, if the City Council determines that the project is being operated or maintained in violation of any of the terms of 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 the development to meet the standards of the Zone. Upon payment or conversion the City will convey its interest in the project back to the developer/owner. shall be transferable upon sale so long as the buyer agrees to abide by the terms of this section and the conditional use permit. If the buyer does not so agree, all principal and accrued interest shall become immediately due and payable. shall be recorded in the Office of the County Recorder for San Diego County. No payment 4. In addition to all other remedies provided 5. The security required by this subsection (h) The conditional use permit and the conversion plan 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 Carlsbad City Council held on the 7th day of ~uaust , 1979 and thereafter //// //// //// //// //// 3. 1 2 3 4 E 8, E E 1: PASSED AND ADOPTED at a regular meeting of said City Council held on the ~1st day of Auqust , 1979 by the following vote, to wit: AYES : Councilmen Packard, Skotnicki, and NOES : Councilman Anear Councilwoman Casler ABSENT: Councilman Lewis RONALD C. PACKARD, Mayor ATTEST: ( SEAL) 4.