HomeMy WebLinkAbout1982-12-22; Design Review Board; Resolution 0021
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DESIGN REVIEW BOARD RESOLUTION NO. 002
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT FOR A PRIVATELY FUNDED SENIOR CITIZEN HOUSING PROJECT ON PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF JEFFERSON STREET AND OAK AVENUE. APPLICANT: LADWIG CASE NO: RP/CUP 82-3
WHEREAS, a verified application has been filed with the
:ity of Carlsbad and referred to the Design Review Board: and
WHEREAS, said verified application constitutes a request a:
wovided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code,
:he Design Review Board did, on the 22nd day of December, 1982, holc
I duly noticed public hearing to consider said application on
woperty described as:
Lots 1 to 8, inclusive, in Block 57 of Carlsbad in the City of Carlsbad according to amended Map thereof No. 775 filed February 15, 1894.
WHEREAS, at said public hearing, upon hearing and
:onsidering all testimony and arguments, if any, of all persons
lesiring to be heard, said Design Review Board considered all
!actors relating to RP/CUP 82-3.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review
3oard of the City of Carlsbad as follows:
i) That the foregoing recitations are true and correct.
3) That based on the evidence presented at the public hearing, the Design Review Board recommends APPROVAL of RP/CUP 82-3, based 01
the following findings and subject to the following conditions:
?indinss:
I) 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
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2%
7)
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in this zone because there is a need for affordable rental
housing for senior citizens in close proximity to downtown Carlsbad.
The subject property is adequate in size and shape to accom- modate 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.
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.
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
and the streets adjacent to this project are fully improved.
The project's location will afford the residents of the
project's easy access to community, commercial and service facilities, because this project is only one block from downtown Carlsbad.
This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Land
Use Planning Manager on April 20, 1981.
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 Cit
Council has allowed an increase in the number of dwelling unit
per acre for this site from a maximum of 20 units/acre to 75
units/acre and a reduction in the number of required parking
spaces from 72 spaces to 24 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 conver sion plan to 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 location based upon input provided by other cities that have had similar projects successfully developed within their jurisdiction.
The project will conform with the architectural standards of the Village Design Manual.
General Conditions:
1) Approval is granted for RP/CUP 82-3, as shown on Exhibits "A" 'ID", dated March 27, 1981, incorporated by reference and on
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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 sewei facilities are available at the time of application for such 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 Cit] 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 December 7, 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.
Water shall be provided by the City of Carlsbad unless some other arrangement is approved by the City Council.
The applicant shall prepare a detailed landscape and irrigatioi
plan which shall be submitted to and approved by the Land Use
Planning Manager prior to the issuance of building permits.
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 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 sounc buffered from adjacent properties and streets, pursuant to
Building Department Policy No. 80-6, to the satisfaction of thc Land Use Planning Manager and Building and Planning Director.
This conditional use permit shall be reviewed by the Land Use Planning Manager on a yearly basis to determine if all
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12)
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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 a condition acceptable to the Build-
ing and Planning Director, Fire Marshal, 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 ani 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,
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:
The minimum age of at least one occupant of each unit shall be sixty-two years of age. There shall be no more than two people residing in any one- bedroom unit. There will be no more than three people residing in any 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. 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 ol
the project at no fee.
This conditional use permit including the conversion plan
shall be recorded in the Office of the County Recorder.
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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 Exhibit "B", dated March 27, 1981.
Engineering :
18) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
19) 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.
20) The developer shall install a wheelchair ramp at the public street corner abutting the subdivision in conformance with Cit! of Carlsbad standards prior to occupancy of any buildings.
21) The alley shall be improved to City standards (20 feet wide) along the subject property frontage prior to the occupancy of
any units.
Fire DeDartment:
22) Fire retardant roofs shall be required on all structures.
23) 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.
24) An additional fire hydrant will be required at the north end oj the driveway on Jefferson Street. Sprinklers will be required in all buildings with an aggregate floor area of 10,000 square
feet or more. Sprinklers shall be installed in accordance wit1
NFPA 13.
Parks and Recreation:
25) 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.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Design Review Board of the City of Carlsbad, California, held on
the 22nd day of December, 1982, by the following vote, to wit:
AYES: ROMBOTISl SCHLEHUBER, MC COY and HOLMES
NOES: NONE
ABSENT: MARCUS
ABSTAIN: NONE
ATTEST :
y
CHRIS SALOMONE
Community Redevelopment Manager
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