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HomeMy WebLinkAbout1993-08-03; City Council; Resolution 93-227ll 0 0 I, 1. 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 RESOLUTION NO. 93-227 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO DEVELOP A SENIOR CITIZEN HOUSING PROJECT CONSISTING OF 76 UNITS ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF LAGUNA DRIVE AT THE TERMINUS OF MADISON STREET. CASE NAME: ST. FRANCIS COURT CASE NO: CUP 90-15 WHEREAS, a verified application has been filed with th of Carlsbad for a Conditional Use Permit, and: WHEREAS, the Conditional Use Permit is for the devel of a senior citizen housing project consisting of 76 dw units: and: WHEREAS, the project site is on a two lot in-fill site north side of Laguna Drive at the northern terminus of M Street in the R-3 Zone within Local Facilities Management 2 and further described as: Parcel A and B of that portion of Lot 1, Townshi 12 South, Range 5 West, San Bernardino Meridian, i the City of Carlsbad, County of San Diego, State c California. WHEREAS, at a public hearing, all public testimoi arguments, if any, of all persons desiring to be heard, tk Council did consider all factors relating to CUP 90-15. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Cour the City of Carlsbad as follows: 1. That the above recitations are correct. 2. That based on the evidence presented at the hearing, the City Council APPROVES Conditional Use Permit based on the following findings and subject to the fo: conditions: ... ... I- ll 0 0 .. 1 2 3 4 5 Findinqs : 1. That those findings adopted by the Planning Commiss Planning Commission Resolution No. 3267 are applicable ar incorporated herein by reference. , Conditions: I 1. All conditions of Planning Commission Resolution Nc are applicable and are incorporated herein by reference, wi 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 following modifications and additions to Planning Comm Resolution No. 3267: a) Condition No. 9 to be amended to read as follows: 119. This conditional use permit is granted for a period years. This conditional use permit shall be reviewed 1 Planning Director, or Planning Commission on the recommendat the Planning Director, on a yearly basis to determine : conditions of this permit have been met and that the use doe have a significant detrimental impact on surrounding propert the public health and welfare. If the Planning Di determines that the use has such significant adverse impact Planning Director shall recommend that the Planning Commi after providing the permittee the opportunity to be hear( additional conditions to mitigate the significant adverse im This permit may be revoked at any time after a public heari it is found that the use has a significant detrimental aff surrounding land uses and the public's health and welfare, conditions imposed herein have not been met. This permit extended for a reasonable period of time not to exceed ten upon written application of the permittee made no less t days prior to the expiration date. In granting such exte the Planning Commission shall find that no substantial a affect on surrounding land uses or the public's health and b will result because of the continuation of the permitted US a substantial adverse affect on surrounding land uses public's health and welfare is found, the extension sh considered as an original application for a condition; permit. There is no limit to the number of extensio Planning Commission may grant." 24 b) Condition No. 28(c) to be amended to read as follows: 25 "28 (c) The rental lease shall be reviewed by the PI Director and City Attorney prior to the issuance c 26 Certificates of Occupancy, and annually thereafter as part 27 pro j ect 1 s annual review. II 28 j/ "* 11 2 4. I1 0 0 .r 1 2 3 4 5 c) Condition No. 30 to be amended to read as follows: I*If, at any time, the City Council determines that the proj, being operated in violation of this approval or any cond thereof, the City Council may require the applicant to conve project to a development which meets all standards o underlying R-3 zone per the recorded conversion plan shc Exhibit IIGtI, dated April 21, 1993 and July 17, 1991, or such conversion as deemed appropriate to correct the violat including the addition of on-site parking." 6 d) Add two new conditions to read as follows: 7 2. '!Prior to the issuance of any building permits, the su located on the northern edge of the second story structure, 8 have its fencing setback a minimum of 5 feet from the no edge and enhanced with landscaping to the satisfaction ( 9 Planning Director;" and 10 11 12 13 14 15 16 17 18 19 20 I 21 I 3. "The landscape plan as required by condition no. 14 o resolution, shall be modified to enhance the screening ( northern building edges adjacent to the single family resi to the north. All screening plants shall be a minimum of 2 box and the landscape concept will utilize landscapin< uniform spreading to maximize screening effects." PASSED, APPROVED AND ADOPTED at a regular meeting of th Council of the City of Carlsbad, California, on the 3rd AUGUST , 1993, by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, F NOES : None ABSENT: None ABSTAIN: None 22 23 24 25 26 ATTEST: I1 3