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HomeMy WebLinkAbout1982-08-24; City Council; 7133; Conditional use permit for Senior Housing ProjectCITY ^F CARLSBAD — AGENDA ILL mCOCTi co 3 tcti 1 CM CO <tCMI CO MTG. 8/24/82 DEPT. LUP TITLE:CONDITIONAL USE PERMIT FOR A 75 UNIT PRIVATELY FUNDED SENIOR CITIZEN HOUSING PROJECT. CUP-217, SWEATTE RECOMMENDED ACTION: The Planning Staff recommends that the City Council ADOPT attached Resolution No. 6??^ , APPROVING CUP-217 for a 75 unit Oz 1 privately funded senior citizen housing project. ITEM EXPLANATION This item is a Conditional Use Permit for a privately funded senior citizen housing project at 3363 Tyler Street in the RD-M zone. The project will have 75 units, 63 of which will be one bedroom units, while the remaining 12 units will have two bedrooms. The one bedroom units will have a floor area of 540 square feet and the two bedroom units will have 720 square feet. A recent zone code amendment permits senior citizen housing projects to be located in any multiple-family zone. The proposed project consists of a three story building centered around an open court yard. A community recreation room, laundry room and manager's quarters will be located on the first floor. Parking and an outdoor recreation area with picnic tables, barbeques and shuffle board courts will be located to the rear of the project. The site will be surrounded by a six foot high wood fence. Entrance to the project will be controlled by security gates at the driveway as well as both entrances to the building. The applicant has submitted a conversion plan illustrating how the building could be modified to bring it into compliance with the zoning requirements for a typical apartment project. As proposed, staff feels the design of the project and its conversion plan is acceptable. The Senior Housing Ordinance allows the parking requirement to be reduced to one parking space for every four dwelling units. The applicant is proposing to provide one parking space for every three dwelling units. Staff feels that this parking ratio should be sufficient for a senior citizen housing project at this location. Staff has been informed by staff from the city of San Diego (whose ordinance was originally used in preparing Carlsbad's Senior Housing Ordinance), that they have used the one parking space for every three dwelling units parking ratio for a number of senior housing projects and that it has been successful. The applicant is aware that the senior citizen housing ordinance requires that the city hold an equity position in order to insure that the project is constructed and maintained in accordance with the requirements of the ordinance. The applicant has met with staff on several occasions to discuss how this will be accomplished for a privately funded senior housing project. One of the conditions of approval for this project requires that all of the details for this requirement be worked out prior to issuance of a building permit. AGENDA BILL CUP-217, SWEATTE PAGE TWO ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that this project will not have a significant impact on the environment and, therefore, has issued a Negative Declaration on July 29, 1982. FISCAL IMPACT The applicant will provide all required public improvments to the project. Also, the applicant has agreed to pay a public facilities fee to offset the costs of providing all other public services. EXHIBITS A) City Council Resolution No. &>9^5"^ B) Exhibits "A" - "J". dated June 8, 1982 C) Location Map NT ICE OF PUBLIC HEARING 1 ' ' * vNOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad wil hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 7:00 p.m. on Tuesday, August 24, 1982, to consider approval of a 75 unit privately funded senior housing project on property generally located on the west side of Tyler Street, between Chestnut Avenue and Walnut Avenue and more particularly described as: lot 10 and parts of Lot 9 of industrial tract, in accordance with map thereof, No. 1743, filed in the Office of the County Recorder,January 3, 1923. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. If you have any questions please call the Planning Department at 438-5591. CASE FILE: APPLICANT: PUBLISH: CUP-217 SWEATTE August 14, 1982 CITY OF CARLSBAD mA IP C*!A \YALNUT .AVE CHESTNUT AVE \CASEt A P £* U C A MT..SWE ATIE __v layj 1200 ELM AVENUE ' . CARLSBAD, CALIFORNIA 92008 eft? of <s 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 HOWARD L. SWEATTE P. 0. Box 11321 San Diego, CA 92111 TYLER PROPERTIES, LTD. P. O. Box 481 Cardiff, CA 92007 Occupant 3290 Tyler Street Carlsbad, Ca. 92008 Occupant 3253 Tyler St. Carlsbad,! CA 92008 Occupant 3324 Tyler Street Carlsbad, Ca. 92008 Occupant 540 Chestnut Avenue Carlsbad, Ca. 92008 Occupant 3259 Tyler Street Carlsbad, Ca. 92008 'Cecil pa jit 33.05 Tyler Street Carlsbad, Ca; 920d8. Jack H. & Valerie A. West, Jr 200 Hacienda Drive Vista, Ca. 92083 Occupant 3281 Tyler Street Carlsbad, Ca. 92008 Occupant 3395 Tyler Street Carlsbad, Ca. 92008 Jean G. & Kristin C. Bell P.O. Box 151 Anaheim, Ca. 92805 Occupant 3379 Roosevelt Street Carlsbad, Ca. 92008 Occupant 3333 Roosevelt Street Carlsbad, Ca. 92008 Occupant 3350 Tyler Street Carlsbad, Ca. 92008 Occupant 3380 Tyler Street Carlsbad, Ca. 92008 Hector Marsach 16162 Beach Blvd. Huntington Beach, Ca. 92647 Occupant 452 Chestnut Avenue Carlsbad, Ca. 92008 Occupant 475 Chestnut Avenue Carlsbad, Ca. 92008 Occupant 3337 Tyler StreetCarlsbad, Ca. 92008 Occupant 442 Chestnut Avenue Carlsbad, Ca. 92008 Occupant 415 Chestnut Avenue Carlsbad, Ca. 92008 Occupant 3382 Tyler Street Carlsbad, Ca. 92008 Occupant 3359 Roosevelt Street Carlsbad, Ca. 92008 Occupant 3309 Roosevelt StreetCarlsbad, Ca. 92008 Renee D. Gaitaud 4902 Via Arequipo Carlsbad, Ca. 92008 Occupant 370 Chestnut Avenue Carlsbad, Ca. 92008 '.-)"--1J -J / 3?2 5 C,'.ie-:lnu!:. Ave . Carlsbad,' Ca. 92008 P.O. Boy j Encinitas, Ca. 3202- Consuelo Trejo P.O. Box 281 Carlsbad, Ca. 92008 Virginia F. Sotelo 3437 Madison Street Carlsbad, Ca. 92008 Filadelfio Martinez 3435 Roosevelt St. Carlsbad, Ca. 92008 Eva R. Gastelum Ruben I. Gastelum 640 Walnut Street Carlsbad, Ca. 92008 Jesus Guerra 3445 Roosevelt Street Carlsbad, Ca. 92008 Joseph Trejo, et al c/o Soledad Romero 3279 Roosevelt Street Carlsbad, Ca. 92008 Guerrero Cruz 635 Chestnut Avenue Carlsbad, Ca. 92008 Trinidad Yescas 3396 Madison Street Carlsbad, Ca. 92008 Marie Gonzales Rosemary Hernandez 3420 Roosevelt Street- Carlsbad, Ca. 92008 Charles M.. Moreno j c/o Rudolph M. Moreno, Sr.. 3430 Roosevelt Street i Carlsbad, Ca. 92008 J. Consuelo P.O. Box 281 Carlsbad, Ca. 92008 Jose Gastelum 3405 Madison Street Carlsbad, Ca. 92008 :•;id-. •• .. 1292 ZiiTiiuIo Vista, Ca. .;\u:k H. West 200 Hacienda Drive Vj.sta, Ca. 92083 Esey Bervkoff 18249 Hazelnut Ridge Silverton, Oregon 97381 Jose Mercado 466 Chestnut Street Ca.rlsbad, Ca. 92008 Ralph H. Daus 2720 Gallic Drive Fullerton, Ca. 92633 Orivpo Co. 51 Weaver St. - OP 5 Greenwich, Ct. 06830 Baltasar G. Alvarado 3327 Tyler Street Carlsbad,"Ca. 92008 Tomas L. Alvarado c/o Lupe 'Herra 371 Redwood Ave. Carlsbad, Ca. 92008 J u "; i o Ram i re ~z 3515 Madison Street. Carlsbad, Ca. 92008 Raymond Angel 3329 Roosevelt Street Carlsbad, Ca. 92008 Charles Froeraing 24621 Los Serranos Laguna Niguel, Ca. 92677 Raymond Angel 3329 Roosevelt Street Carlsbad, Ca. 92008 Serapeo Remirez 3369 Roosevelt St. Carlsbad, Ca. 92008 Ramona M. Fletes 4050 Harbor Drive Carlsbad, Ca. 92008 Serapio, Ramirez 3369 Roosevelt Street Carlsbad, Ca. 92008 Reyes G. Jauregui 528 Chestnut St. Carlsbad, Ca. 92008 Consuelom Ledesma 3918 Wooster Drive Oceanside, Ca. 92054 Delores A. Jauregui. 3292 Roosevelt St. Carlsbad, Ca. 92008 Ampara M. Martinez 630 Magnolia Ave. Carlsbad, Ca. 92008 lone E. Elsher 777 Las Palmas Drive Vista, Ca. 92083 Chuck Theel 531 Elm Avenue Carlsbad, Ca. 92008 BNB Investments 4602 Mardi Gras Oceanside, Ca. 92054 Salvador G. Alvarado 3337 Tyoer Street Carlsbad, Ca. 92008 Joe A. Flores 2010 Karren Lane Carlsbad, Ca. 92008 Arthur M. Shapiro 3390 Roosevelt St. Carlsbad, CG. 92008 Allen H. Boll 1997 Sheridan Road Encinitas, Ca. 92024 Daniel Ongais P.O. Box 1668 Carlsbad, Ca.92008 Jean G. Bell P.O. Box 151 Anaheim, Ca.92805 Jack H. Wes! 200 Haciend; Vista, Ca. •rive J L v i e>; "-!$-i IL I £'K \ i *"r *I3I tft II I •J.tr.ss* "~<"»,S& : 0 ^LJ;i 0 0 '3AV r2H2 .'"• t-:c/> h S^ 5?uj->U)I/) 8. EaZIKF CD s^or- -fs)N ^ftl ' D> 9© JL£L_: 3Nld 5 ->m—I—» ® 8! ./.O. Gt 8 V « '' ' H>V JUi I I ©! « '3AV 01 [Q. o © © I- oO nj I- N I '3AV 1 *" V „ 52' r?>i Rl^ Go1- t 3 j ; Vr — • r.to< . * 7 5 I ©N fS r.tr/i- ^v % ^ " \ ©» 1 »* V. s 1 G 1 •* •* ( ). 0. ®. 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BOX 248 • CARLSBAD, CA 92008 • 729-2345 Proof of Publication STATE OF CALIFORNIA, ss COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Carls- bad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 7:00 P.M. on Tueiday, Auguit 24, 1982, to consider approval of a 75 unit privately funded senior hous- ing project on property generally located on the west side of Tyler Street, between Chestnut Avenue and Walnut Avenue and more parti- cularly described as: Lot 10 and parts of Lot 9 of indus- trial tract, in accordance with map thereof, No. 1743, filed in the Office of the County Recorder, January 3.1923. Those persons wishing to speak oh this proposal are cordially in- vited to attend the public hearing. If you have any questions please call the Planning Department at 438-5591. Case File: CUP-217 Applicant: Sweatte CARLSBAD CITY COUNCIL O S246: August 14, 1982 August _ 1 4_ _ _ ] 9 82 19. 19 19 19 2M-4/82 I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad,. County of San Diego, State of California on tne m-xn day of August 1982 Clerk of the Printer 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 TELEPHONE: (714) 438-5621 August 27, 1982 Howard L. Seatte P.O. Box 11321 San Diego, Ca 92111 Enclosed for your records, please find a copy of the following Resolution 6985 ^ ^ adopted by the Carlsbad City Council on Au9ust 24' 1982 ' Sincerely, LEE RAUTENKRANZ, City Clerk LR:adm Enclosures ( 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 August 27, 1982 Tyler Properties, LTD P.O. Box 481 Cardiff, CA 92007 of Carfcrtmb TELEPHONE: (714) 438-5621 Enclosed for your records, please find a copy of the following Resolution NO. 6985 t adopted by the Carlsbad City Council on August 24, 1982 . Sincerely, LEE RAUTENKRANZ, City Clerk LR:adm Enclosures ( l ) WHEREAS, a verified application has been filed with the 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 6985 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO PERMIT A 75 UNIT SENIOR CITIZEN HOUSING PROJECT ON PROPERTY GENERALLY LOCATED AT 3363 TYLER STREET. APPLICANT: SWEATTE CASE NO: CUP-217 city of Carlsbad and referred to the City Council; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the City Council of the City of Carlsbad, on August 24, 1982, held a public hearing to consider the recommendations and heard all persons interested in or opposed to Conditional Use Permit (CUP-217); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of Carlsbad, California as follows: A. That the above recitations are true and correct. B. That based on the evidence presented at the public hearing, the Council APPROVES CUP-217, based on the following findings and subject to the following conditions: I Find ings :_ 1) The proposed use is necessary and desirable for the development of the community, is essentially in harmony with the various elements and objectives of the General Plan, and is not detrimental to existing uses or to uses specifically permitted in this zone, because there is a need for affordable rental housing for senior citizens in close proximity to downtown Carlsbad. 2) The subject property is adequate in size and shape to accommodate the proposed use, because all of the buildings' parking, open space and other amenities can be provided on site without any reduction in the required setbacks. 3) All of the yards, setbacks, walls, fences^ landscaping and other features necessary to adjust the requested use to 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 existing and permitted future uses in the neighborhood will be provided and maintained, because all of the required yards and setbacks will be maintained and the perimeter of the project will be landscaped -and fenced with a six-foot high wood fence. 4) The street system serving the subject property is adequate to properly handle all traffic generated by the proposed use, because this project should generate relatively little traffic. The developer of this project will provide for the widening-of Tyler Street in front of the subject property. 5) The project's location will afford the residents of the project easy access to community, commercial and service facilities, because this project is only 3-1/2 blocks from the center of downtown Carlsbad. 6) This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Land Use Planning Manager on July 29, 1982 and approved by the City Council on August 24, 1982. 7) .Upon the request of the applicant and in return for his agreement to develop and operate this project in conformance with Section 21.18.045 of the Carlsbad Municipal Code, the City Council has allowed an increase in the number of dwelling units per acre for this site from a maximum of 20 units/acre to 63.5 units/acre and a reduction in the number of required parking spaces from 115 spaces to 25 spaces. If the applicant does not develop and operate this project in conformance with Section 21.18.045, the approved conditional use permit will be cancelled and the applicant must implement the approved conversion plan to bring this project into conformance with the city's development requirements for a standard apartment proj ect. 8) The requested reduction in parking is acceptable at this location based upon input provided by other cities that have had similar projects successfully developed within their jurisdict ion. General Conditions: 1) Approval is granted for CUP-217, as shown on Exhibit(s) "A" - "J", dated, June 8, 1982, incorporated by reference and on file in the Land Use Planning Office. Development shall occur substantially as shown unless otherwise noted in these conditions. 2) This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such .2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 sewer permits and will continue to be available until time of occupancy. 3) This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by City Council Policy No. 17, dated April 2, 1982, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee a copy of that agreement dated May 26, 1982, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan and approval for this project shall be void. 4) Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable city ordinances in effect at time of building permit issuance. Planning Dep a r t m e n t 5) The applicant shall prepare a reproducible mylar of the final site plan incorporating the conditions contained herein. Said site plan shall be submitted to and approved by the Land Use •Planning Manager prior to the issuance of building permits. 6) The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits. 7) All parking lot trees shall be a minimum of 15 gallons in size . 8) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. 9) Any signs proposed for this development shall- be designed in conformance with the city's Sign Ordinance and shall require review and approval of the Land Use Planning Office prior to installation of such signs. 10) The driveway area between the double rows of parking in the northwesterly portion of the property shall be widened to 30". 11) The trash enclosure shall be relocated to the satisfaction of the Land Use Planning Manager. 12) Trash receptacle areas shall be enclosed by a 6 foot high masonry wall with gates pursuant to city standards. 13) All roof appurtenances, including air conditioners, shall be ^ architecturally integrated and shielded from view and the sound buffered from adjacent properties and streets to the satisfaction of the Land Use Planning Office and Building and 28 Planning Director. 21.18.045 of the Carlsbad Municipal Code. i s \5 agre The minimum age of at least one occupant of each unit 4 15) The following requirements shall be made part of the lease agreement executed for all rentals at this project: 6 7 9 10 11 12 13 14 15 b. There shall be no more than two people residing in any one- o 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, and the third person over thirty-five, except that if the third person is a live-in nurse or attendant required for medical reasons. d. Two-thirds of the units shall be limited to occupancy by tenants who do not have automobiles. e. Prior to any rentals the lease shall be su mm arized to the City for approval. 17 18 20 21 24 25 26 27 28 14) Prior to the issuance of any building permits the applicant and the city shall enter into an agreement giving the city an equity position in the project in accordance with Section shall be sixty-two years of age 16) All on site parking spaces shall be available to the tenants of the project at no fee. 17) This conditional use permit including the conversion plan shall be recorded in the office of the County Recorder. 18) This conditional use permit shall not become effective until ZCA-142 which included the Senior Citizen Housing Ordinance in the RD-M zone becomes effective. 19) This conditional use permit granted by the city shall be .. Q utilized within 18 months after the effective date thereof. Failure to utilize this conditional use permit within an 18- month period will automatically void the same. 20) If the City Council determines that the project is being operated in violation of this approval or any conditions thereof, the City Council may require the applicant to convert the project to a development which meets all standards of the underlying zone per the recorded conversion plan per Exhibits "H", "I", and "J", dated June 8, 1982. 21) This conditional use permit is granted for a period of five years. Applicant shall submit an annual report showing compliance with the terms of this permit. This conditional use permit shall be reviewed by the Land Use Planning Manager on a yearly basis to determine if all 2 3 4 5 6 7 8 9 10 11 12 13 14 15 23 24 25 26 27 28 conditions of this permit have been met and that the use does not have a detrimental impact on surrounding properties or the public health and welfare. Part of this yearly review will be to determine if all buildings, landscaping and parking areas are being maintained in a condition acceptable to the Building Official, Fire M^arshall, Parks and Recreation Director and the Land Use Planning Manager. If the Land Use Planning Manager determines that the use has such adverse impacts, or it is not being maintained in a satisfactory condition, the Manager shall recommend that the City Council, after providing the permittee the opportunity to be heard, add additional conditions as the Council determines necessary. This permit may be revoked at any time after a public hearing, if it is found that the use has a detrimental affect on surrounding land uses and the public's health and welfare or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed five years upon written application of the permittee made not less than 90 days prior to the expiration date. In granting such extension, the City Council shall find that no substantial adverse affect on surrounding land uses the public's health and welfare will result because of the continuation of the permitted use. If a substantial adverse affect on surrounding land uses or the public's health and welfare is found, the extension shall be considered as an original application for a conditional use permit. There is no limit to the number of extensions the Planning Commission may grant. _ ,, Engineering Department 21) The applicant shall provide for the installation of public improvements along the Tyler Street frontage in accordance with city standards and to -the satisfaction of the City Engineer. Fire Department 17 18 19 20 22) Prior to the issuance of building permits, complete building ,.,.. plans shall be submitted to the Fire Department for review and approva 1. 22 23) All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site. 24) Proposed security gate systems shall be provided with "Knox" key operated override switch, as specified by the Fire De- partment . 25) All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "No Parking/Fire Lane Tow Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code. 5. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 26 27 28 26) Fire retardant roofs are required on all -structures. 27) All fire alarm systems, fire hydrants, extinguishing systems, • automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approval prior to construction. 28) Buildings exceeding 10,000 sq.ft. aggregate floor area shall be sprinklered or have four-hour fire walls with no openings therein which shall split the building into 10,000 sq.ft. (or less) areas. 29) Two additional fire hydrants will be required for this project. One shall be located'at the street front adjacent to the driveway. The second shall be located at the rear of the building in the landscaped area along the southerly property line . Parksand Recreation Department 30) All street trees shall be selected from the street tree list approved by the Parks and Recreation Department. All street trees shall be planted a minimum of 10 feet from curbs and 5 feet from sidewalks. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the city of Carlsbad, California, on the 24th day of August 1982 by the following vote, to wit: AYES: Council Members Lewis, Kulchin and Chick NOES : Council Member Anear ABSENT: Council Meniber Casler H. CASLER, Mayor CLAUDE A. LEWIS, Vice-Mayor TTEST: X . v ALETHA L. RAtfT ENKRANZ, City Cle|rk (SEAL) .6 ,• x/ 70 70 CHESTNUT AVE .WALNUT -. . AVE 1 ' O' COP-21? '-H.-^i» „ . . ._ ^! il C A V\V;T SWF t^TTF,'_ ;i •!>>. #-\ ,i w tf . sJL.jr.'l.iU.j'-VxJLUi VIC5M1TY MA!' 1200 ELM AVENUE M ^^ Ml TELEPHONE- CARLSBAD, CALIFORNIA 92008 ^fil/ jM <714> 438-5535 Office of the City Clerk City of Cartebab December 10, 1982 Vera L. Lyle County Recorder P.O. Box 1750 San Diego, CA 92112 Enclosed for recordation is the following described document: Certified Copy of Resolution No. 6985, A Resolution of the City Council of the City of Carlsbad, California, approving a Conditional Use Permit to permit a 75-unit Senior Citizen Housing Project on property generally located at 3363 Tyler Street. Our staff has determined that the recordation of this document is of benefit to the City; therefore, it is requested that the fees be waived. Thank you for your assistance in this matter. 3N R. -JCUND^ feputy City Clerk Enc. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 £2 23 24 25 26 27 28 After- RecorclationJ^ Return To; Cxtv Clerk 1200 Elrr Avenuef C _sbadr CA 92008 RESOLUTION NO.6985 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO PERMIT A 75 UNIT SENIOR CITIZEN HOUSING PROJECT ON PROPERTY GENERALLY LOCATED AT 3363 TYLER STREET. APPLICANT: SWEATTE gASE NO: CUP-2 17 WHEREAS, a verified application has been filed x^ith the city of Carlsbad and referred to the City Council; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the City Council of the City of Carlsbad, on August 24, 1982, held a public hearing to consider the recommendations and heard all persons interested in or opposed to Conditional Use Permit (CUP-217); and NOW, THEREFORE, BE IT RESOLVED by the"City Council of the city of Carlsbad, California as follows: A. That the above recitations are true and correct. B. That based on the evidence presented at the public hearing, the Council APPROVES CUP-217, based on the following findings and subject to the folio w ing conditions: Findings: 1) The proposed use is necessary and desirable for the development of the community, is essentially in harmony with the various elements avid objectives of the General Plan, and is;not detrimental to existing uses or to uses specifically permitted in this zone, because there is a need for affordable rental housing for senior citizens in close proximity to downtown Carlsbad. 2) The subject property is adequate in size and shape to accommodate the proposed use, because all of the buildings' parking, open space and other amenities can be provided on site without any reduction in the required setbacks. 1 2 5 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 c 3) All of the yards, setbacks, walls, fences,- landscaping and other features necessary to adjust the requested use to existing and permitted future uses in the neighborhood will be provided and maintained, because all of the required yards and setbacks will be maintained and the perimeter of the project will be landscaped -and fenced with a six-foot high wood fence. 4) The street system serving the subject property is adequate to properly handle all traffic generated by the proposed use, because this project should generate relatively little traffic. The developer of this project will provide for the widening-of Tyler Street in front of the subject property. 5) The project's location will afford the residents of the project easy access to community, commercial and service facilities, because this project is only 3-1/2 blocks from the center of downtown Carlsbad. 6) This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Land Use Planning Manager on July 29> 1982 and approved by the City Council on August 24, 1982. 7) .Upon the request of the applicant and in return for his agreement to develop and operate this project in conforraance with Section 21.18.045 of the Carlsbad Municipal Code, the City Council has allowed an increase in the number of dwelling units per acre for this site from a maximum of 20 units/acre to 63.5 units/acre and a reduction in the number of required parking spaces from 115 spaces to 25 spaces. If the applicant does not develop and operate this project in conformance with Section 21.18.045, the approved conditional use permit will be ' cancelled and the applicant must implement the approved conversion plan to bring this project into confortuance with the city's development requirements for a standard apartment proj ect. 8) The requested reduction in parking is acceptable at this location based upon input provided by other cities that have had similar projects successfully developed within their jurisdiction. General Conditions: 1) Approval is granted for CUP-217, as shown on Exhibit (s) "A" - "J", dated, June 8, 1982, incorporated by reference and on filt in the Land Use Planning Office. Development shall occur substantially as shown unless otherwise noted in these conditions. 2) This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that sewe facilities are available at the time of application for such .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 sewer permits and will continue to be available until time of occupancy. 3)This project is approved upon the applicant shall pay a public facil Council Policy No. 17, dated Apri City Clerk and incorporated herein to the agreement executed by the a fee a copy of that agreement dated with the City Clei'k and ir.corporat said fee is not paid as promised, consistent with the General Plan a shall be void. express .condition that the ities fee as required by City 1 2, 1982, on file with the by inference, and according pplicant for payment of said May 26, 1982, is on file ed herein by reference. If this application will not be nd approval for this project 4)Approval of this request shall not excuse compliance with all' sections of the Zoning Ordinance and all other applicable city ordinances in effect at time of building permit issuance. Planning Department 5) The applicant shall prepare a reproducible mylar of the final site plan incorporating the conditions contained herein. Said site plan shall be submitted to and approved by the Land Use •Planning Manager prior to the issuance of building permits. 6) The applicant shall prepare a detailed landscape, and irrigation plan which shall"be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits. 7) All parking lot trees shall be a minimum of 15 gallons in size. 8) All landscaped areas shall be maintained in a healthy and. thriving condition, free from weeds, trash, and debris. 9) Any signs proposed for this development shall- be designed in conformance with the city's Sign Ordinance and shall require. review and approval of the Land Use Planning Office prior to installation of such signs. 10) The driveway area between the double rows of parking in the northwesterly portion of the property shall be widened to 30'. 11) The trash enclosure shall be relocated to the satisfaction of the Land Use Planning Manager. 12) Trash receptacle areas shall be enclosed by a 6 foot high masonry wall with gates pursuant to city standards. 13) All'roof appurtenances, including air conditioners, shall be architecturally integrated and shielded from v ic u and the sound buffered from adjacent properties and streets to the sat if, fact ion of the Land Use Planning Office and Building and .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 p 14) Pi ai e< 2 15) Tt a* a b c d e 16) A o 17) T b 18) T Z t] 19) T u F m 20) I o t t u II 21) T y c P 1 a r. n I n g D i r e c t o r . Prior to the issuance of any building permits the applicant the city shall enter into an agreement giving the city an equity position in the project in accordance with Section 21.18.045 of the Carlsbad Municipal Code. v The following requirements shall be made part of the lease agreement executed for all rentals at this project: The minimum age of at least one occupant of each unit shall be sixty-two years of age. There shall be no more than two people residing in any one- bedroom unit . There will be no more than three people residing in any two-bedroom apartment, and that txjo of the three will be over sixty-two, and the third person over thirty-five, except that if the third person is a live-in nurse or attendant required for medical reasons. Two — thirds of the units shall be limited to occupancy by tenants who do not have automobiles. Prior to any rentals the le.ase shall be summarized to the City for approval. on site parking spaces shall be available to the tenants the project at no fee. This conditional use permit including the conversion plan shall recorded in the office of the County Recorder. This conditional use permit shall not become effective until ZCA-142 which included the Senior Citizen Housing Ordinance in RD-M zone becomes effective. This conditional use permit granted by the city shall be utilized within 18 months after the effective date thereof. Failure to utilize this conditional use permit within an 18- month period will automat ica.l ly void the same. If the City Council deter mines that -the project is being operated in violation of this approval or any conditions thereof, the City Council may require the applicant to convert the project to a development which meets all standards of the underlying zone per the recorded conversion plan per Exhibits "I1 and dated June 8, 1982. This conditional use permit is granted for a period of five years. Applicant shall submit an annual report showing compliance with the terms of this permit. 4. 2 5 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 This conditional use permit shall be reviewed by the Land Use Planning Manager on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a detrimental impact on surrounding properties or the public health and welfare. Part of this yearly review will be jj to determine if all buildings, landscaping and parking areas are being maintained in a condition acceptable to the Building Official, Fire l^arshall, Parks and Recreation Director and the Land Use Planning Manager. If the Land Use Planning Manager determines that the use has such adverse impacts, or it is not being maintained in a satisfactory condition, the Manager shall recommend that the City Council, after providing the permittee the opportunity to be heard, add additional conditions as the Council determines necessary. This permit may be revoked at any time after a public hearing, if it is found that the use has a detrimental affect on surrounding land uses and the public's health and welfare or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed five years upon written application of the permittee made not less than 90 days prior to the expiration date. In granting such extension, the . City Council shall find that no substantial adverse affect on surrounding land uses the public's health and welfare will result because of the continuation of the permitted use. If a substantial adverse affect on surrounding land uses or the public's health and welfaz'e is found, the extension shall be considered as an-original application for a conditional use permit. There is no limit to the number of extensions the Planning Commission may grant. Engineering Department 21) The applicant shall provide for the installation of public improvements along the Tyler Street frontage in accordance with city standards and to -the satisfaction of the City Engineer. Fire Department 22) Prior to the issuance of building permits, complete building plans shall be submitted to the Fire Department for review and approval. 23) All required fire hydrants, water mains and appurtenances shall be operational pi'ior to cocibustible building materials being located on the project site. 24) Proposed security gate systems shall be provided with "Knox" key operated override switch, as specified by the Fire De- partment . 25) All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "No Parking/Fire Lane Tow Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code. 5. 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 26) Fire ret arc! ant roofs are required on all -structures. 27) All fire alarm systems, fire h3'drants, extinguishing systems, • automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approval prior to construction. 28) Buildings exceeding 10,000 sq.ft. aggregate floor area shall be sprinklered or have four-hour fire walls with no openings therein which shall split the building into 10,000 sq.ft. (or less) areas. 29) Two additional fire hydrants will be required for this project. One shall be located 'at the street front adjacent to the driveway. The second shall be located at the rear of the building in the landscaped area along the southerly property line . Parks and Recreation Department 30) All street trees shall be selected from the street tree list approved by the Parks and R.ecreation Department. All street trees shall be planted a minimum of 10 feet from curbs and 5 feet from sidew'aIks. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the city of Carlsbad, California, on the 24th day of August , 1982 by the following vote, to wit: AYES: Council Msrribers Lewis, Kulchin and Chick NOES: Council Member Anear ABSENT: Council Meniber Casler H. CASLEK, Mayor CLAUDS A. LEWIS, Vice-Mayor ATTEST: ALETHA L. RAl/TENKKANZ, City Cldrk (SEAL) .6 STATE OF CALIFORNIA, ) COUNTY OF SAN DIEGO ) ss. KAREN R. KUNDTZ, Deputy 1. . .. . / .. . Cit\ Clerk of the City of Carlsbad, Comity of San Diego, State of California. hereby certify that I have compared the foregoing copy with the original •™.?P:™~:P:!'*.. Pr"-3 passed and adopted by said City Council, at ^.^9^4-??... meeting thereof, at the time and by the vote therein Resolution is now on file in my office: that the same contains a hill, true from and of the whole thereof. ,vf.Vt'<!Vl'V'«'hi.eh original Re .••',-,|WlYonVc,t thmscript there' \Vitn<Wmy\and and the seal of said City of Carlsbad, this IQ.ttlay of Deoanber, 1982.