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.
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« 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
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City of Carlsbad and referred to the City Council; and
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WHEREAS, said verified application constitutes a request as
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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
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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.
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,. 4) The street system serving the subject property is adequate to
properly handle all traffic generated by the proposed use,
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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;
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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.
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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
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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:
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a. The minimum age of at least one occupant of each unit shall
2Q be sixty-two years of age.
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City for approval.
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the same.
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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
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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.
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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.
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MARY H . /CASLER, Mayor
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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
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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
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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.
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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
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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.
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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.
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2
City for approval
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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
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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.
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ABSENT: None
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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
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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