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HomeMy WebLinkAbout1982-12-07; City Council; 7209-1; Conditional use permit for Senior Housing ProjectjF CARLSBAD - AGENDA JILL AR* 7209- */ MTG 12/7/82 ni=PT PLN TITLE: CONDITIONAL USE PERMIT FOR A 17-UNTT SENIOR CITIZEN HOUSING PROJECT - SOUTHWEST CORNER OF HARRISON STREET AND CHINQUAPIN AVENUE. CUP-220/0' GARA DFPT HO- Mti\ C|TV ATTvTj/VR CITY MGRoO^- RECOMMENDED ACTION: If the City Council concurs your action is to adopt Resolution No. 7079 • ITEM EXPLANATION: The City Council at your meeting of November 16, 1982, approved CUP-220 (O'Gara) for a 37-unit privately funded Senior Citizen Housing Project and directed staff to prepare a resolution containing conditions of approval. The resolution is attached. The recommended conditions follow closely those applied by the City Council to a previously approved Senior Citizen Housing Project. EXHIBIT; 1. City Council Resolution No. QLU Occ QU CL <_j o OO « A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL , USE PERMIT TO PERMIT A 37-UNIT SENIOR CITIZEN HOUSING PROJECT ON PROPERTY LOCATED IN THE RDM ZONE • . AT THE SOUTHWEST CORNER OF HARRISON STREET AND CHINQUAPIN AVENUE AND ADDRESSED AS 987 CHINQUAPIN. 5 APPLICANT: O'GARA CASE NO; CUP-220 WHEREAS, a verified application has been filed with the 7 City of Carlsbad and referred to the City Council; and D WHEREAS, said verified application constitutes a request as Q provided by Title 21 of the Carlsbad Municipal Code; and November 16, 1982, held a public hearing to consider the recommenda- WHEREAS, the City Council of the City of Carlsbad, on 22 23 25 RESOLUTION NO. 7079 12 tions and heard all persons interested in or opposed to conditional use permit (CUP-220); and 14 NOW, THEREFORE, BE IT RESOLVED by the City Council of the 15 City of Carlsbad, California, as follows: T fi A. That the above recitations are true and correct. 17 B. That based on the evidence presented at the public 18 hearing, the Council APPROVES CUP-220 based on the following 19 findings and subject to the following conditions: 20 Findings: 21 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 detri- mental to existing uses or to uses specifically permitted in the RDM zone, because there is a need for affordable rental housing for senior citizens at this location. 2) The subject property is adequate in size and shape to accommodate the proposed use, because all of the building's 25 parking, open space and other amenities can be provided on site without any reduction in the required setbacks. 27 28 //// ,. 4) The street system serving the subject property is adequate to properly handle all traffic generated by the proposed use, „ o 6) -.5 25 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 land- scaped and a six-foot high wall installed along the property line adjacent to the freeway. because this project should generate relatively little traffic. 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 three blocks from neighborhood commercial facilities and a bus stop. This project will not cause any significant environmental impacts and a Negative Declaration has been issued on September 20, 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 52 units/acre and a reduction in the number of required parking spaces from 56 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 tc bring this project into conformance with the City's development requirements for a standard apartment project. 8) The requested reduction in parking is acceptable at this loca- tion based upon input provided by other cities that have had similar projects successfully developed within their jurisdic- tion. General Conditions; -,n ..o •jo 20 21 1) Approval is granted for CUP-220, as shown on Exhibits "A" and "B", dated October 7, 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. 24 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 sewer permits and will continue to be available until time 27 of occupancy. 28 3 •i „ •z K 21 22 23 25 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 August 17, 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. 8 Planning Department 9 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. 15 8) 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 Manager prior to installation of such signs. 9) Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Land Use Planning Manager. 20 10) All roof appurtenances, including air conditioners, shall be architecturally integrated and shielded from view and the sounc buffered from adjacent properties and streets, pursuant to Building Department Policy No. 80-6, to the satisfaction of the Land Use Planning Manager and Building and Planning Director. 11) 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 21.18.045 of the Carlsbad Municipal Code. 12) The following requirements shall be made part of the lease agreement executed for all rentals at this project: 27 a. The minimum age of at least one occupant of each unit shall 2Q be sixty-two years of age. .3 ., City for approval. 4 K n ., p the same. o 15) 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 Exhibit "B", dated October 1, 1982. 16) This conditional use permit including the conversion plan shall be recorded in the Office of the County Recorder. 13 17) This conditional use permit shall be reviewed by the Land Use -.* T™ 2Q 22 24 25 25 27 28 There shall be no more than two people residing in any one- bedroom unit. One-third of the units shall be limited to occupancy by tenants who do not have automobiles. Prior to any rentals the lease shall be submitted to the 13) All on site parking spaces shall be available to the tenants of the project at no fee. 14) This conditional use permit shall be utilized within 18 months from the date of approval. failure to utilize this conditional use permit within an 18-month period will automatically void 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 to determine if all buildings, landscaping and parking areas are being maintained in a condition acceptable to the Building and Planning Director, Fire Marshall, 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 oi 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 8 granted to the City, without cost to the City, free and clear of all liens and encumberances. •7 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 18) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 19) The grading for this project is defined as "regular grading" by Section 11.06.170(a) of the Carlsbad Municipal Code. The developer shall submit a grading plan for approval which shall include all required drainage structures and any required erosion control measures. The developer shall also submit soils, geologic or compaction reports if required and shall comply with all provisions of Chapter 11.06 of the Carlsbad Municipal Code. 20) All land and/or easements required by this project shall be 21) The developer shall install street lights along all public and private street frontages in conformance with City of Carlsbad standards. 22) The developer shall install street trees at the equivalent of 40-foot intervals along all public street frontages in conformance with City of Carlsbad standards. The trees shall be of a variety selected from the approved Street Tree List. 23) Harrison Street shall be dedicated on the final map along the subdivision frontage based on a right-of-way half width of 30 feet including a 20-foot radius return at the intersection with Chinquapin Avenue. 24) Harrison Street shall be improved along the subdivision frontage based on a centerline to curb face width of 20 feet and in conformance with the City of Carlsbad standards prior to the occupancy of any buildings on site. 25) Chinquapin Avenue shall be improved along the subdivision frontage based on a centerline to curb face width of 22 feet and in conformance with City of Carlsbad standards prior to the occupancy of any buildings on the site. 22 Fire Department 26) 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. 27) Building 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. .5 1 2 3 4 5 6 7 8 MARY H . /CASLER, Mayor 11 12 13 28).An additional fire hydrant is required for this project. Said hydrant shall be located at the driveway on Harrison Street. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the 7th day of December, 1982, by the following vote, to wit: AYES: Council Members easier, Lewis, Kulchin, Chick and Prescott NOES: None ABSENT: None ATTEST: X& ALETHA L. RAUTENKRANZ, CityJLQ 15 (SEAL) 16 17 18 19 20 21 22 23 24 25 26 27 28 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 December 13, 1982 Michael O'Gara 3229 Valley Carlsbad, CA 92008 TELEPHONE: (714) 438-5621 Citp of CatMmtr Enclosed for your records, please find a copy of the following ordinance 7079 ______ ^ adopted by the Carlsbad City Council on December 7, 1982 Sincerely, LEE RAUTENKRANZ, City Clerk LR:adm Enclosures ( ^ C itv 12CO E3ir. Carlsbad, _ QUESTED BYRecordation, Return To: £ve.nue CA 92008 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 RESOLUTION NO.7079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO PERMIT A 37-UNIT SENIOR CITIZEN HOUSING PROJECT ON PROPERTY LOCATED IN THE RDM ZONE AT THE SOUTHWEST CORNER OF HARRISON STREET AND CHINQUAPIN AVENUE AND ADDRESSED AS 987 CHINQUAPIN. APPLICANT: O'GARA CASE NO; CUP-220 WHEREAS, a verified application has been filed with 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 November 16, 1982, held a public hearing to consider the recommenda- tions and heard all persons interested in or opposed to conditional use permit (CUP-220); 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-220 based on the following findings and subject to the following conditions: Findings: 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 detri- mental to existing uses or to uses specifically permitted in the RDM zone, because there is a need for affordable rental housing for senior citizens at this location. 2) The subject property is adequate in size and shape to accommodate the proposed use, because all of the building's parking, open space and other amenities can be provided on site without any reduction in the required setbacks. 3 . line adjacent to the freeway. 5 7 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. 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 three blocks from neighborhood commercial facilities and a bus stop. g 6) This project will not cause any significant environmental impacts and a Negative Declaration has been issued on September 20, 1982. 7) Upon the request of the applicant and in return for his 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1712 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 xvill be land- scaped and a six-foot high wall installed along the property 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 52 units/acre and a reduction in the number of required parking spaces from 56 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 tc bring this project into conformance with the City's development requirements for a standard apartment project. 8) The requested reduction in parking is acceptable at this loca- tion based upon input provided by other cities that have had similar projects successfully developed within their jurisdic- tion. General Conditions: 1) Approval is granted for CUP-220, as shown on Exhibits "A" and "B", dated October 7, 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 sewer permits and will continue to be available until time of occupancy. .2 3 2 » c nw 2% 23 24 25 25 1713 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 August 17, 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. 8 Planning Department 9 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 irrigatior 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. 15 8) 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 Manager prior to installation of such signs. 9) Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Land Use Planning Manager 20 10) All roof appurtenances, including air conditioners, shall be architecturally integrated and shielded from view and the sounc buffered from adjacent properties and streets, pursuant to Building Department Policy No. 80-6, to the satisfaction of the Land Use Planning Manager and Building and Planning Director. 11) 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 21.18.045 of the Carlsbad Municipal Code. 12) The following requirements shall be made part of the lease agreement executed for all rentals at this project: 27 a. The minimum age of at least one occupant of each unit shall 2Q be sixty-two years of age. .3 , 2 2 City for approval 4 -,Q •jo 2Q 22 23 04 25 2g nn 28 171, There shall be no more than two people residing in any one- bedroom unit. One-third of the units shall be limited to occupancy by tenants who do not have automobiles. Prior to any rentals the lease shall be submitted to the 13) All on site parking spaces shall be available to the tenants of the project at no fee. 14) This conditional use permit shall be utilized within 18 months from the date of approval. failure to utilize this .conditional use permit within an 18-month period will automatically void the same o 15) 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 Exhibit "B", dated October 7, 1982. , 16) This conditional use permit including the conversion plan shall be recorded in the Office of the County Recorder. 13 17) 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 to determine if all buildings, landscaping and parking areas are being maintained in a condition acceptable to the Building and Planning Director, Fire Marshall, 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 applicatior 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. s Engineering Department 8 9 10 11 13 16 17 20 21 23 24 25 26 27 28 17-5 18) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 19) The grading for this project is defined as "regular grading" by Section 11.06.170(a) of the Carlsbad Municipal Code. The developer shall submit a grading plan for approval which shall include all required drainage structures and any required erosion control measures. The developer shall also submit soils, geologic or compaction reports if required and shall comply with all provisions of Chapter 11.06 of the Carlsbad Municipal Code. i 20) All land and/or easements required by this project shall be granted to the City, without cost to the City, free and clear of all liens and encumberances. 21) The developer shall install street lights along all public and private street frontages in conformance with City of Carlsbad standards. 22) The developer shall install street trees at the equivalent of 40-foot intervals along all public street frontages in conformance with City of Carlsbad standards. The trees shall be of a variety selected from the approved Street Tree List. 23) Harrison Street shall be dedicated on the final map along the subdivision frontage based on a right-of-way half width of 30 feet including a 20-foot radius return at the intersection with Chinquapin Avenue. 24) Harrison Street shall be improved along the subdivision frontage based on a centerline to curb face width of 20 feet and in conformance with the City of Carlsbad standards prior to •*•" the occupancy of any buildings on site. •jo '25) Chinquapin Avenue shall be improved along the subdivision frontage based on a centerline to curb face width of 22 feet and in conformance with City of Carlsbad standards prior to the occupancy of any buildings on the site. P2 Fire Department 26) 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. 27) Building 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. .5 1 2 3 4 5 6 ABSENT: None 8 9 10 11 12 13 1716 28) An additional fire hydrant is required for this project. Said . hydrant shall be located at the driveway on Harrison Street. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the 7th day of December, 1982, by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Prescott NOES: None MARY H./CASLER, Mayor ATTEST: /)n w J P ~~~r l ALETHAL. RAUTENKRANZ,City Cljrk 15 (SEAL) 16 17 18 19 20 21 22 23 24 25 26 27 28 .6 1717 82-378649 1382 DEC 10 AH K> 15 LCDVERA L.LVt f COUNTY RECORDER STATE OF CALIFORNIA, ) COUNTY OF SAN DIEGO ) ss. I. KAREN R. KUNDTZ , (;jtv Clerk of the City of Carlsbad, Coimtv of San Diego, State of California,Deputy ' • hereby certify that I have compared the foregoing copy with the original Resolution 7079 ... passed and adopted by said City Council, at ...a. .regular..... . ..... meeting thereof, at the time and by the vote therein NO FEE stated, which original . . r~.^P-™~:P?_ ______ _____ is now on file in my office: that the same contains a full, true and correct transcript therefrom and of the whole thereof. Witness mv hand and the .seal of said Citv of Carlsbad, this 9th (|.lv ()f Deceniber , .1982 ...... ....... . (SKA 1,1