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HomeMy WebLinkAbout1977-02-01; City Council; 4061; Senior Citizen Housing*->wCITY OF CARLSBAD AGENDA BILL NO. *f A b/ Initial: ' Dept.Hd. DATE; February 1, 1977 ," J--"' -"--"-Ll-J---'""•- ..--•-. - .._-.—L -r -i-n-l n-—i...- -.-.i. - - • r~ i ~ii_ L . i.-j - ~LI_- L -..- i_i_ - r r--~.-r-.7rn ^ ^ /TtTl'lZ^' » * DEPARTMENT; City Manager C. Mgr. Subject: SENIOR CITIZENS' HOUSING Statement of the Matter Some time ago, Mr. William B. Rick of Rick Engineering requested that the Council consider the adoption of procedures for approval of Senior Citizen Housing projects. The request indicated that it would be necessary to change some City standards to make these projects economical. The matter was referred to the staff. Although the staff has met with Mr. Rick on several occasions, we are not prepared to recommend a comprehensive senior citizen housing program at this time. Mr. Rick has indicated that time is of the essence if he is to have a successful project on his specific piece of land. He is therefo-re, proposing a procedure used in the City of San Diego. The Conditional Use Permit procedure proposed is probably a reasonable approach, at least until a greater level of experience is developed in this area. Exhibit Letter from Rick Engineering dated December 29, 1976 Letter From Rick Engineering dated December 7, 1976 Letter to Rick Engineering from City Attorney dated November 17, 1976 Letter from Rick Engineering dated January 10, 1977 Recommendation If the Council wishes to proceed, the matter should be referred to staff to set for study and public hearing before the Planning Commission, a code change which would allow the establishment of senior citizen housing with special City standards by Conditional Use Permit. Council action 2-1-77 The matter was referred to staff to set for study and public hearing before the Planning Cornmi ssion . . \ nurtiMrcDiKir* r>rth«DARivENGINEERING COMPANY PLANNING CONSULTANTS AND CIVIL ENGINEERS 5620 FRIARS ROAD . SAN DIEGO, CALIFORNIA 92110 TELEPHONE . AREA CODE 714 . 291-0707 December 29, 1976 The Honorable City Council The City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Gentlemen: Not long ago your Council considered our proposal to build housing for senior citizens on property owned by Rick Engineering Company at the northeast corner of Jefferson Street and Oak Avenue. Since this proposal required variances from present zoning ordinances, your Council requested that studies be made before any further action is taken. Based on your direction we have made such a study of the legal and land-use aspects of our proposal and have reported our findings to your staff. It is clear as a result of these studies that the Zoning Ordinance must be amended to permit an application for seniors' housing as contemplated. We, therefore, request that your Council direct the prep- aration of an amendment to Chapter 21.42 or other appropri- ate section of the Code, so that an application might be submitted for your consideration. Respectfully, William B WBR:lms ENGINEERING COMPANY PLANNING CONSULTANTS AND CIVIL ENGINEERS 5620 FRIARS ROAD . SAN DIEGO, CALIFORNIA 92110 TELEPHONE . AREA CODE 714 . 291-07O7 December 1, 1976 Mr. Vincent Biondo City Attorney . The City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 RE: HOUSING FOR THE ELDERLY Dear.Vince: The outgrowth of our meeting the other day was, I believe, the thought that we suggest an addition to the Condition Use section of the Zoning Ordinance. Please consider the attached. I should like to offer it to the City Council via the Manager. Sincerely, William B. Rick WBRrlms Attachment cc: Mr. Robert C. Ladwig v/#Ir. Paul Bussey PROPOSED ADDITION TO SECTION 21.42.010 (2) OF THE ZONING ORDINANCE OF THE CITY OF CARLSBAD (CONDITIONAL USES) ADD: (K) Housing for the elderly: Conditions in addition to those specified in Section 21.42.030 which may be imposed in connect with any conditional use permit for housing for the elderly pur- suant to conditional use permit ordinance regulations then in effect may include: (1) A formula for limiting future increases in rent. (2) A reduction in the off-street parking requirements other- wise applicable to the particular zone in which the use is located. (3) A minimum age limit of tenants. (4) An increase in density over that otherwise permitted in the particular zone in which the use is located providing such increase may not exceed 50% of the otherwise permitted density. Where housing for the elderly is permitted in accordance with this ordinance the conditions therefore shall require: (1) that the property subject to the use permit shall be kept in undivided owner- ship during the time of the permit; and (2) that the permit be acknowledged by all parties in interest and recorded in the office of the County Recorder of San Diego County. 12/7/76 ..*«"»% CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 (714) 729-1181 VINCENT F. BIONDO JR. CITY ATTORNEY November 17, 1976 Mr. William B. Rick RICK ENGINEERING COMPANY 5620 Friars Road San Diego, California 92110 Dear Bill: Your letter of October 27, 1976, and the Memorandum of Points and Authorities enclosed therewith, in regard to your proposal to construct senior citizens' apartments in our City has been received and reviewed. Your attorneys have certainly amassed a great deal of material dealing with some of the questions which arise in connection with your proposal. I am sure they will be most helpful to us. I generally agree with Mr. Dawson's opinion that there is authority which would support a combination of a conditional use permit and CC&R's as a facilitating device for your project. I think it is also clear, from his opinion, that there is authority to the contrary. I am not sure that there are definitive answers to some of the questions. The copy of the opinion has been forwarded to the City Manager for his informa- tion along with a copy of this letter. Feel free to contact him in regards to the processing of your proposal. Whether or not your proposal can be carried out depends, it seems to me, more on the City Council's evaluation of the competing policy considerations than it does on legal consider- ations. There is no doubt that what you propose is an innova- tion and, as is often the case in such situations, proceeds in advance of thoroughly established legal precedents. That, of course, is not in itself a reason not to proceed but it is certainly a fact to be considered in making the decision of whether or not to proceed. Please let me know if I can be of any further assistance. Very truly yours, VINCENT F. BTONDO City Attorney VFB/mla cc: City Manager RICK ENGINEERING COMPANY | 5620 FRIARS ROAD . SAN DIEGO, CALIFORNIA 92110 TELEPHONE . AREA CODE 714 . 291-0707 January 10, 1977 Mr. Paul Bussey City Manager The City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Dear Paul: This is the approval which our client has recently received for the housing for the elderly in San Diego. This approval should make it more comfortable for us to go to your City Council. I hope you have found it convenient to have placed my request on City Council docket. Sincerely, illiam B/. Rick WBR:1ms Enclosure Q 9 PLANNING COMMISSION RESOLUTION NO. 673 GRANTING CONDITIONAL USE PERMIT NO. 469-PC WHEREAS, PRUDENT BUENA VISTA PROPERTIES, a partnership, "Owner/Perm I ttefe", "filed an application for a Conditional Use Permit to construct and operate a senior citizens housing project located on the easterly side of Clairemont Drive, between Iroquois Avenue and Calle Neil, described as Lots 1 and 2, Block 1, Clairemont Garden, Map #29*»7,i in the R~3 zone; and WHEREAS, on December 16, 1976, the Planning Commission of The City of San Dleijo considered Conditional Use Permit No. 469-PC pursuant to Section 101.0506 of <:he Municipal Code of The City of San Diego and received for its consideration documentary, written and oral testimony, and heard from all Interested partieil present at the public hearing; NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of The City of San Diego, as follows: 1. That the Planning Commission adopts as the Findings of the Planning Commiiision those written Findings set forth in the Report of the Planning Department datiid December 9, 1976, and found beginning at Page 3 of said Report, a copy of whilih Is attached hereto and by this reference incorporated herein. 2. That said Findings are supported by the minutes, maps and exhibits, all or which are herein incorporated by reference. BE IT FURTHER RESOLVED, that based on the Findings hereinbefore adopted by Planning Commission, the application for Conditional Use Permit No. A63-PC is hereby granted to "Owner/Permittee" iih the form and with the terms and conditions as set forth in Conditional Use Permit No. ^69-PC, a copy of which is attached hereto and made a part hereof. Nat/ey Beck .^feting Secretary of the >• PlannWig Commission Page I bT"V* • • ^*^*K Xto.X ' ' •"4**** CONDITIONAL USE PERMIT NO. 1»69-PC PLANNING COMMISSION This Conditional Use Permit Is granted by the Planning Commission of The City of San Diego to Prudent Buena Vista Properties, a limited partnership, "Owner/Perm!(!tee", for the purposes and under the terms and on the conditions as set out herein puru suant to the authority contained in Section 101.0506 of the Municipal Code of The City of San Diego. }. Permission is hereby granted to "Owner/Permittee" to construct and operate(a senior citizens housing project located on the easterly side of Clairemont Drive, between Iroquois Avenue and Calle Nell, described as Lots 1 and 2, Block 1, Clalremont Garden, Map #29^7, in the R-3 zone. 2. The senior citizens housing facility shall include, and the term "Project11 41s used In this Conditional Use Permit shall mean the total of the following facilities: a. Four hundred eighty-six, one and two-bedroom units. b. Offstreet parking, c. Incidental accessory uses as may be determined and approved by the Planning Director. 3. Not less than 12*» offstreet parking spaces shall be provided and maihtainefif on the subject property in the approximate tocation shown on Exh-lbit "A" dated November 18, 1976, on file In the office of the Planning Department, Each parking space shall be a minimum of 8-1/2 feet by 20 feet in size and shall not be con'1 verted for any other use. Areas and driveways shall be marked. Parking space!! and aisles shall conform to Planning Department standards. No charge shall be made at any time for the use of these offstreet parking spaces. 1». As requested by "Owner/Permittee", the following conditions are hereby Imposed: a* That any apartment rented from this day on within the boundaries of tH'is Permit will have at least one family member over the age of 55. b. That there will be no more than two people residing In any one bedrock unit. c. That there will be no more than three people residing In any two bedrbom apartment, and that two of the three will be over 55, and the third person over 35, except that if the third person is a live-in nurse or attendant required for medical reasons. d. That the above requirements will be made part of the lease agreement executed for all rentals from this date on. 5. The Permittee shall comply with the General Conditions for Conditional USe Permits attached hereto and made a part hereof. Pass.ed and adopted on December 16, 1976. •* Page 2 of 5 GENERAL CONDITIONS FOR CONDITIONAL USE PERMITS 1. Prior to the issuance of any building permits, complete building plans (Including signs) shall be submitted to the Planning Director for approval. Plans shall be in substantial conformity with Exhibit "A" dated December 16 , 1976 , on file in the office of the Planning Department, The property shall be developed in accordance with the approved building plans except where regulations of this or other governmental agencies require deviation therefrom. Prior to and subsequent to the completion of the project , no changes, modifications or alterations shall be made unless and until appropriate applications for amendment of this permit shall have been approved and granted. 2. Prior to the issuance of any building permits a complete landscaping plan, including a permanent watering system, shall be submitted to the Planning Director for approval. Said plans shall be in substantial conformity with Exhibit "A" dated December 16, 1976 , the office of the Planning Department. Approved planting shall be installed prior to the issuance of an occupancy permit on any building. Such planting shall not be modified or altered unless and until this permit shall 'have been •amended to permit such modification or alteration. 3. All outdoor lighting shall be so shaded! and adjusted that the light therefrom is directed to fall only on the same premises where such light sources are located. A. This Conditional Use Permit granted by the City shall be utilized within 18 months after the effective date thereof. Failure to utilize the Conditional Use Permit within an 18-month period will automatically void the same. This Conditional Use Permit shall be subject to all of the terms and conditions granted herein and pursuant to the terms set forth in Section 101.0506 and 101.0507 of the Municipal Code. See the latter referenced sections as those terms and conditions apply hereto. 5. Construction and operation of the approved use shall comply at all , tines with the regulations of this or other governmental agencies. 6. This Conditional Use Permit shall not be final until the eleventh day following its filing in the office of the City Clerk and is subject t<J appeal to the City Council as provided for in Section 101.0506 of the Municipal Code of The City of San Diego. 7. The effectiveness of this Conditional Use Permit is expressly conditioned upon, and the same shall not become effective for any purpose unless and until the following events shall have occurred: - ft. Permittee shall have agreed to each and every condition hereof by having this Conditional Use Permit signed within 90 days of the Commission's decision. In no event shall this condition be construed to extend the time limitation set forth in Condition No. 4 above i.e., Jihe time commences to run on the date that the Planning ComMsslon granted this Conditional Use Permit. r~_*~;.'..... _____ <^j _..._.. . __. .. < (Gen. Cond's CUP'3) Page 3 of 5 b. This Conditional Use Permit executed as indicated shall have been recorded in the office of the County Recorder. 8. After the establishment of the project as provided herein, the subject property shall not be used for any other purposes unless specifically authorized by the Planning Commission, unless the proposed use meets every requirement of zone existing for the subject property at the time of conversion. 9. The project included within this Conditional Use Permit shall be used only for the purposes and under the termi and conditions as set forth in this permit unless the Permit shall have been revoked by The City of San Diego. 10. In addition to any other remedy provided by law, any breach in any of the terms or conditions of this Permit or any default on the part of the Permittee or its successors in interest,' shall be deemed a material breach hereof and this Conditional Use Permit may be cancelled or revoked. Cancellation or revocation of this Conditional Use Permit may be instituted by the City or permittee. The Planning Director shall set this matter , for public hearing before the Planning Commission giving the same notice as provided in Section 101.0506 or 101.0507. An appeal from the decision of the Planning Commission may be taken to the City Council within 10 days after the decision is filed with the City Clerk. The Clerk shall set the matter for public hearing before the City Council giving the same notice as provided in Section 101.1506 or 101.0507. 11. this Conditional Use Permit shall inure to the benefits of and shall constitute a covenant running with the lands, and the terms, conditions and provisions hereof shall be binding upon Permittee, and any successor or successors thereto, and the interests of any successor shall be subject to each and every condition herein set out. May, 1974