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HomeMy WebLinkAbout1982-08-24; City Council; Resolution 69851 4 1 2 3 4 5 6 7 8 9 3.0 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 6985 I 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 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 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: 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 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. I/// Ill! > . 0 11 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 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 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 project. 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" - IIJ", 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 1 2 3 4 5 6 7 E 9 IC 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. 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. 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. 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. 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. All parking lot trees shall be a minimum of 15 gallons in size. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. 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. The driveway area between the double rows of parking in the northwesterly portion of the property shall be widened to 30'. The trash enclosure shall be relocated to the satisfaction of the Land Use Planning Manager. Trash receptacle areas shall be enclosed by a 6 foot high masonry wall with gates pursuant to city standards. 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 .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 28 14) 15) 16) 17) 18) 19) 20) 21) Planning Director. 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. The following requirements shall be made part of the lease agreement executed for all rentals at this project: a. The minimum age of at least one occupant of each unit b. There shall be no more than two people residing in any one c. There will be no more than three people residing in any shall be sixty-two years of age. bedroom unit. 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 summarized to the City for approval. All on site parking spaces shall be available to the tenants of the project at no fee. This conditional use permit including the conversion plan shal be 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 the 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 automatically void the same. 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 dated June 8, 1982. f1H*!, 11111, and IIJ", 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 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 Official, 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 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. 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 DeDartment Engineering Department 2o 21 22 23 24 25 26 27 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 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. 28 /j 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 6) 7) 8) 91 Fire retardant roofs are required on all structures. 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. 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. 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. arks and Recreation Department 01 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 ity Council of the city of Carlsbad, California, on the 24th ay of p,yl;us t, , 1982 by the following vote, to wit: AYES : Council Members Lads, Kulchin and Chick NO E S : ABSENT : Council Member Casler Council Member hear CLAUDE A, LEWIS, Vicekyor TTEST: SEAL) .6 .- .- I-- -------------------- . I I '. m 3 .. m 1 I t 3 1 h ). c d - .. ... I. ...... . i. .. - -r,..: _: -. , -,.., . , . .. .I ..... . I..:. ...... 9 -' -. .. '. *:.., .I Y,' ... .;.q:;, : .. *:. - .' L' , .- .. .... ' ,t:'. ,. .. . . '. . .A .. -. ...... ... .* . .. .. .* ... I. '. . .... J. .. .I .. .. -.e.. -.. '.. .. '. .^ ... i* E.' , ,, . . .. : ...... ....- !...-A .. -' -.. ..-.-... .... .-- -.- .. . .. -. .. c ,.. . .' . i .. .. :. +' ' .i, ..... ...... . I: ..... .... .A ,. ' .I 1 ... j.. '; . ..... ......... ..... , .. .. .... r .. ,- ...... .. .- ..' , . , . .: ^ .. .... . *". . ., .. - .. , .. .. ; .._. ... 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