HomeMy WebLinkAbout1982-12-07; City Council; Resolution 70791
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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
Sity of Carlsbad and referred to the City Council; and
WHEREAS, said verified application constitutes a request a
provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the City Council of the City of Carlsbad, on
Yovember 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:
Find i ng s :
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 tk RDM zone, because there is a need for affordable rental housin2 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.
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All of the yards, setbacks, walls, fences, landscaping and othe,
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.
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 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.
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 cancellel and the applicant must implement the approved conversion plan ti bring this project into conformance with the City's development requirements for a standard apartment project.
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:
Approval is granted for CUP-220, as shown on Exhibits "A" and
11 B '1 , 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.
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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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.
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
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 irrigatio 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.
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.
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.
All roof appurtenances, including air conditioners, shall be
architecturally integrated and shielded from view and the soun'
buffered from adjacent properties and streets, pursuant to
Building Department Policy No. 80-6, to the satisfaction of th Land Use Planning Manager and Building and 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 shall be sixty-two years of age.
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b. There shall be no more than two people residing in any one-
c. One-third of the units shall be limited to occupancy by
d. Prior to any rentals the lease shall be submitted to the
bedroom unit.
tenants who do not have automobiles.
City for approval.
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.
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.
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 arl
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 Manage'
shall recommend that the City Council, after providing the
permittee the opportunity to be heard, add additional condition as the Council determines necessary. This permit may be revoke1 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 reasonabll
period of time not to exceed five years upon written applicatioi
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 o the continuation of the permitted use. If a substantial adversl
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.
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Engineering Department
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 granted to the City, without cost to the City, free and clear ol 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 bc
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.
Fire Department
All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the projecl
shall be submitted to the Fire Department for approval prior to
construct ion.
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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8) 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
'ity Council of the City of Carlsbad, California, on the 7th day of
iecember, 1982, by the following vote, to wit:
AYES:
NOES: None
ABSENT: None
Council Members Casler, Lewis, Kulchin, Chick and Prescott
d- L
MARY H. CASLER, Mayor
LTTEST:
:SEAL)
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