HomeMy WebLinkAbout1984-02-22; Design Review Board; Resolution 0311
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DESIGN REVIEW BOARD RESOLUTION NO. 031
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A
CONDITIONAL USE PERMIT TO PERMIT CONSTRUCTION OF AN 18
UNIT SENIOR APARTMENT PROJECT ON PROPERTY GENERALLY
LOCATED ON THE WEST SIDE OF ROOSEVELT STREET, SOUTH OF
PINE AVENUE.
APPLICANT: NEILSEN
CASE NO: RP 83-15/CUP-240
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
is provided 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 February, 1984,
iold a duly noticed public hearing to consider said application on
)roperty described as:
Lots 27, 28 and 29, in Block 31 in the towne of Carlsbad, according to Map thereof No. 535, filed in the Office of the County Recorder, May 2, 1880.,
WHEREAS, at said hearing, upon hearing and considering all
:estimony and arguments, if any, of all persons desiring to be
ieard, said Board considered all factors relating to RP 83-15/
:UP-240 .
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review
5oard of the City of Carlsbad as follows:
:A) That the foregoing recitations are true and correct.
:B) That based on the evidence presented at the public hearing, the
. Board recommends APPROVAL of RP-83-15/CUP-240, based on the following findings:
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' i nd ing s
That the requested use is necessary or desirable for the development of the community, is essentially in harmony with
the various elements and objectives of the general plan and Village Design Manual, and is not detrimental to existing uses or to uses specifically permitted in the V-R zone, because there is a need for affordable rental housing for senior citizens in the village area.
That the site for the intended use 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.
That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained; because all setbacks will be landscaped and permanent irrigation systems installed and a 6 foot high fence and security gates will be constructed.
That the street system serving the proposed use is adequate
to properly handle all traffic generated by the proposed use, because this project should generate 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 near the downtown area.
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
j ur i sd ict ion.
The project is consistent with all City public facility pol- icies and ordinances since:
a) All necessary public improvements have been provided or
will be required as conditions of approval.
b) The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee
will enable this body to find that public facilities will be available concurrent with need as required by the general plan.
c) School facilities will not be impacted because a condition of approval of this Resolution and of the
Development and Operating Agreement will restrict the minimum age of any occupant to 25.
This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Land Use Planning Manager on February 6, 1984 and approved by the Planning Commission on February 22, 1984.
RES0 NO. 031 -2-
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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 30 units/acre to 75 units/acre and a reduction in the number of
required parking spaces from 12 spaces to 7 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.
2ond i t ions :
Approval is granted for RP 83-15/CUP-240, as shown on Exhibit
I1 A 11 , dated February 2, 1984, Exhibit "B", dated January 11,
1984, and Exhibits "C" and "D", dated February 22, 1984
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.
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 November
4, 1983, 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 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 irriga- tion plan which shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits.
RES0 NO. 031 -3-
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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.
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 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.
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.
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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 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.
The minimum age for any occupant of any units shall be 25 years of age.
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
shall be recorded in the Office of the County Recorder.
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.
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 Exhibit "C" dated, February 22, 1984.
Engineering Conditions:
18) The project shall be graded to drain onto Tyler Street.
19) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
20) No grading shall occur outside the limits of the subdivision unless a letter of permission is obtained from the owners of the affected properties.
21 ) Additional drainage easements and drainage structures shall be
provided or installed as may be required by the County Department of Sanitation and Flood Control or the City Engi- neer.
22) 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.
DRB RES0 NO. 031 -5-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
'lanning Commission of the City of Carlsbad, California, held on
:he 22nd day of February, 1984, by the following vote, to wit:
AYES : McCoy, Rombotis, Schlehuber , and Marcus.
NOES: None
ABSENT: None
ABSTAIN: None
JOHN MCCOY, Chairperson
CARLSBAD DESIGN REVIEW BOARD
FITTEST:
CHRIS SALOMONE COMMUNITY REDEVELOPMENT MANAGER
DRB RES0 NO. 028 -6-