HomeMy WebLinkAbout1986-04-15; Housing & Redevelopment Commission; Resolution 68d
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1 /I RESOLUTION NO. 068
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A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA,
RECOMMENDING APPROVAL OF A RE;DEVELOPMENT
PERMIT/CONDITIONAL USE PERMIT FOR A 57-UNIT SENIOR
HOUSING APARTMENT PROJECT ON PROPERTY GENERALLY LO
AT THE SOUTHEAST CORNER OF THE JEFFERSON STREET/HO
AVENUE INTERSECTION.
APPLICANT: JEFFERSON HOUSE I1
CASE NO: RP/CUP 86-3 I
7 WHEREAS, a verified application has been filed wit
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City of Carlsbad and referred to the Housing and Redevelopm
Commission and
10 WHEREAS, said verified application constitutes a r
11 as provided by Title 21 of the Carlsbad Municipal Code; and
12 WHEREAS, pursuant to the provisions of the Municig
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duly noticed public hearing to consider said application or 14
Code, the Commission did, on the 15th day of April, 1986, f
Lots 14, 15, 16, 17, and 18 of Schell and Sites ac 16
property described as: 15
to Carlsbad in the City of Carlsbad, in the Count1
No. 2145, filed in the Office of the County Recorc 17 San Diego, State of California according to Map tk
18 San Diego, February 20, 1929.
19 WHEREAS, at said hearing, upon hearing and conside
20 all testimony and arguments, if any, of all persons desirir 11
21 be heard, said Commission considered all factors relating 1
22 RP/CUP 86-3.
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B) That based on the evidence presented at the public hea 27
A) That the above recitations are true and correct. 26
follows : 25
Redevelopment Commission of the City of Carlsbad as 24
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Hous.
the Commission APPROVES RP/CUP 86-3, based on the foll 28 findings and subject to the following conditions:
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1) The proposed use is necessary and desirable for the 2
Findings:
development of the community, is essentially in harmon
is not detrimental to existing uses or to uses specifi
affordable rental housing for senior citizens in close
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proximity to downtown Carlsbad. 5
permitted in this zone because there is a need for 4
the various elements and objectives of the General Pla
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The subject property is adequate in size and shape to accommodate the proposed use because, with the exceptj
the project balconies, all of the projects required pz open space and other amenities can be provided onsite without any reduction in the required setbacks. The I: balconies do intrude two additional feet than allowed
the front, rear, and side yard setbacks. However, thj
intrusion can be supported, as long as additional
landscaping is provided.
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3) All of the yards, setbacks, walls, fences, landscapin: other features necessary to adjust the requested use 1 existing and permitted future uses in the neighborhooi be provided and maintained.
4) The street system serving the subject property is adec to properly handle all traffic generated by the propos
use, because this project should generate relatively :
traffic, and the streets adjacent to the project are j improved.
5) The projects location will afford the residents of the
project easy access to community, commercial and serv:
Carlsbad . facilities because this project is located within dowl
19 1 6) The project conforms with the requirements of Section
of the Carlsbad Zoning Ordinance.
21.18.045, Senior Citizen Housing by conditional use 1
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With the exception of the projects balconies as discu:
Finding No. 2, the project conforms with the developmc
standards of the V-R zone and the underlying R-P zone Under City standards the projection of balconies into setback area is justified because the applicant has p.
additional landscaping in that area of the project.
The project will conform with the architectural stand'
the Village Design Manual.
26 9) This project will not cause any significant environme
Planning Director on February 22, 1986. 27 impacts and a Negative Declaration has been issued by
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Upon the request of the applicant and in return for hi
agreement to develop and operate this project in confc with Section 21.18.045 of the Carlsbad Municipal Code, Design Review Board has allowed an increase in the nun
dwelling units per acre for this site from a maximum c units/acre to 72 units/acre and a reduction in the nun
required parking spaces from 91 spaces to 29 spaces.
applicant does not develop and operate this project ir
conformance with Section 21.18.045, the approved condj
use permit will be cancelled and the applicant must
implement the approved conversion plan to bring this 1 into conformance with the City's development requiremc for a standard apartment project .
8 11) The requested reduction in parking is acceptable at tl
Jefferson House I project that has been successfully
location based upon the fact that this project is desi
9 similar to and parked at the same ratio as the existin
10 developed within Carlsbad without parking problems.
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12) The project is consistent with all City public facilit icies and ordinances since:
a) The Design Review Board has, by inclusion of an appropriate condition to this project, ensured bui
permits will not be issued for the project unless
City Engineer determines that sewer service is
unless sewer service remains available, and the P1 Commission is satisfied that the requirements of t Public Facilities Element of the General Plan have met insofar as they apply to sewer service for thi
project.
available, and building cannot occur within the pr
b) All necessary public improvements have been provid will be required as conditions of approval.
c) The applicant has agreed and is required by the
inclusion of an appropriate condition to pay a pub
facilities fee. Performance of that contract and
payment of the fee will enable this body to find t public facilities will be available concurrent wit as required by the General Plan.
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This project requires the construction of the improvem or facilities listed in the conditions of approval or
payment of fees in lieu of construction. This project
creates a direct need for the improvements or faciliti the reasons stated in the staff report. If the improv or facilities are not provided the project will create unmitigated burden on existing improvements and facili Further, the improvements and facilities are necessary provide safe, adequate and appropriate service to futu
residents of the project consistent with City goals, policies and plans.
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1 14) This project is exempted from the temporary land use
controls provided in Section 2 of Ordinance No. 9791.
any increase in public facility fee, or new constructj
additional requirements established by a development
the City of Carlsbad. This will ensure continued
cumulative impacts created by the project.
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addition, the applicant is by condition, required to I
tax, or development fees, and has agreed to abide by i
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management or public facility program ultimately adopt
availability of public facilities and will mitigate ar
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Conditions:
1 ) Approval is granted for RP/CUP 86-3, as shown on Exhik
reference and on file in the Planning Department.
otherwise noted in these conditions.
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Development shall occur substantially as shown unless 9
"A" - "H", dated Narch 21 8 1986, incorporated by
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2) This project is approved upon the express condition th
building permits will not be issued for development of
subject property unless the City Engineer determines t
for such sewer permits and will continue to be availak
until time of occupancy. This note shall be placed 01:
final map.
sewer facilities are available at the time of applicat
3) This project is approved upon the express condition th applicant shall pay a public facilities fee as require
City Council Policy No. 17, dated April 2, 1982, on fi with the City Clerk and incorporated herein by referen
and according to the agreement executed by the applica
payment of said fee, a copy of that agreement, dated
November 1, 1985, is on file with the City Clerk and
incorporated herein by reference. If said fee is not
as promised, this application will not be consistent w
the General Plan and approval for this project shall k
void.
4) Approval of this request shall not excuse compliance w
all sections of the Zoning Ordinance and all other
applicable City ordinances in effect at time of buildi permit issuance.
23 5) Water shall be provided to this project pursuant to th
building permits. 27
approved by the Planning Director prior to the issuanc contained herein. Said site plan shall be submitted t 26
of the final site plan incorporating the conditions
6) The applicant shall prepare a 24" x 36" reproducible m 25
Costa Real Water District, dated May 25, 1983. 24
Water Service agreement between the City of Carlsbad a
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7) The applicant shall prepare a detailed landscape and i
tion plan which shall be submitted to and approved by
Planning Director prior to the issuance of grading or building permits, whichever occurs first.
8) A master plan of the existing onsite trees shall be pr
to the Planning Director as part of the final grading
to determine which trees shall be required to be prese
prior to the issuance of a grading permit or a buildir
permit, whichever occurs first.
9) All landscaped areas shall be maintained in a healthy
thriving condition, free from weeds, trash, and debris
10) Any signs proposed for this development shall be desi? conformance with the City's Sign Ordinance and shall I review and approval of the Planning Director prior to
installation of such signs.
1.1 ) Trash receptacle areas shall be enclosed by a six-foot masonry wall with gates pursuant to City standards. I tion of said receptacles shall be approved by the Plar Director.
12) All roof appurtenances, including air conditioners, SF architecturally integrated and concealed from view and
sound buffered from adjacent properties and streets,
pursuant to Building Department Policy No. 80-6, to tl- satisfaction of the Directors of Planning and Buildin? solar panels are included in the project elevations sl. the location and design of these panels shall be submj to the Planning Director for approval.
13) This conditional use permit shall be reviewed by the
Planning Director on a yearly basis to determi.ne if a1
conditions of this permit have been met and that the I
does not have a significant detrimental impact on sur1 ing properties or the public health and welfare. If t
Planning Director determines that the use has such significant adverse impacts, the manager shall recommc
that the Housing and Redevelopment Commission, after
providing the permittee the opportunity to be heard, i
additional conditions to mitigate the significant advc
impacts. This permit may be revoked at any time aftel
public hearing, if it is found that the use has a
significant detrimental affect on surrounding land usc the public's health and welfare, or the conditions imI herein have not been met. This permit may be extendec reasonable period of time not to exceed five years up( written application of the permittee made not less thi days prior to the expiration date. In granting such
extension, the Planning Commission shall find that no
substantial adverse affect on surrounding land uses 01
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public's health and welfare will result because of the continuation of the permitted use. If a substantial a
affect on surrounding land uses or the public's health
welfare is found, the extension shall be considered as original application for a conditional use permit.
Existing onsite trees shall be retained wherever possi
and shall be trimmed and/or topped. Dead, decaying or
potentially dangerous trees shall be approved for remc the discretion of the Planning Department during the I of the Master Plan of existing onsite trees. Those tr
which are approved for removal shall be replaced on a
for-tree basis as required by the Planning Department.
Building identification and/or addresses shall be plac all new and existing buildings so as to be plainly vis from the street or access road; color of identificatio
and/or addresses shall contrast to their background co
If any condition for construction of any public improv or facilities, or the payment of any fees in lieu ther
imposed by this approval or imposed by law on this prc are challenged this approval shall be suspended as prc in Government Code Section 65913.5. If any such condi is determined to be invalid this approval shall be inv unless the City Council determines that the project wi the condition complies with all requirements of law.
Prior to the issuance of any building permits, the app and the City shall enter into an agreement, to the
satisfaction of the City Attorney, giving the City an
position in the project in accordance with Section 21- of the Carlsbad Nunicipal Code.
The following requirements shall be made part of the 1 agreement executed for all rentals at this project:
a) The minimum age of at least one occupant of each u excluding the managers unit, shall be sixty-two ye
of age. Any additional occupants per unit shall b less than 25 years of age.
b) There shall be no more than two people residing in one-bedroom unit .
c) There will be no more than three people residing i
two-bedroom apartment, and that two of the three w be 62 or over, and the third person over 25.
d) Prior to any rentals, the lease shall be summarize
the City for approval.
All onsite parking spaces shall be available to the te
of the project at no fee.
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20) This conditional use permit including the conversic
21) This conditional use permit granted by the City sh;
shall be recorded in the Office of County Recorder
utilized within 18 months after the effective date
Failure to utilize this conditional use permit wit1
month period will automatically void the same.
5 22) If, at any time, the City Council determines that t
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applicant to convert the project to a development b
any conditions thereof, the City Council may requir
to the satisfaction and approval of the Planning Di
23) Before obtaining a final map or building permit, wh
increase in the public facilities fee or additional
the City Council prior to July 20, 1986, (b) agree
management system or phasing plans which may be ult
with City Council Ordinance No. 9791.
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adopted by the City of Carlsbad. This condition COI 12
by any additional requirements established by the d 11
new construction and/or new development fees establ 10
occurs first, the applicant shall: (a) agree to pay
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25) The grading for this project is defined as "control: 16
commencement of any clearing or grading of the site.
ing" by Section 11.06.170(a) of the Carlsbad Munici] 17 Grading shall be performed under the observation of engineer whose responsibility it shall be to coordil
18 inspection and testing to ensure compliance of the P
the approved grading plan, submit required reports t
the Carlsbad Municipal Code.
Engineering Department:
,241 The developer shall obtain a grading permit prior tj.
19 City Engineer and verify compliance with Chapter 11.
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26) No grading shall occur outside the limits of the prc 21 unless a letter of permission is obtained from the c the affected properties. 22
27) A separate grading plan shall be submitted and appro 23
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a separate grading permit issued for the borrow or d
28) Prior to hauling dirt or construction materials to a 25 proposed construction site within this project the d shall submit to and receive approval from the City E
26 for the proposed haul route. The developer shall co with all conditions and requirements the City Engine
site if located within the city limits.
27 impose with regards to the hauling operation.
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Prior to issuance of any permits, a bond shall be post
guarantee the cleanup and repair of public streets use
development.
The developer shall exercise special care during the construction phase of this project to prevent any offs
siltation. The developer shall provide erosion contrc measures and shall construct temporary desiltation/det
basins of type, size and location as approved by the C
Engineer. The basins and erosion control measures shc shown and specified on the grading plan and shall be
constructed to the satisfaction of the City Engineer 1
to the start of any other grading operations. Prior t removal of any basins or facilities so constructed the
served shall be protected by additional drainage facil slope erosion control measures and other methods requi approved by the City Engineer. The developer shall m;
the temporary basins and erosion control measures for
period of time satisfactory to the City Engineer and E
guarantee their maintenance and satisfactory performar through cash deposit and bonding in amounts and types suitable to the City Engineer.
haul dirt or construction materials to or from this
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31) Additional drainage easements and drainage structures
be provided or installed as may be required by the COC
Department of Sanitation and Flood Control or the City neer.
32) The development shall construct drainage systems in sc
way as to not drain out driveways or across sidewalks.
33) The developer shall make an offer of dedication to the
for all public streets and easements required by these conditions or shown on the Site Development Plan. The shall be made prior to issuance of any building permit this project. All land so offered shall be granted tc City free and clear of all liens and encumbrances and
without cost to the City. Streets that are already pr are not required to be rededicated.
34) Unless a standard variance has been issued, no varianc City Standards is authorized by virtue of approval of site plan.
35) The developer shall install street lights along all PC
and private street frontages in conformance with City Carlsbad Standards.
36) The developer shall install street trees at the equiv;
of 40-foot intervals along all public street frontage:
conformance with City of Carlsbad Standards. The trec shall be of a variety selected from the approved Strec
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1 37) The developer shall install sidewalks along all public street frontages in conformance with City of Carlsbad
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38) The developer shall install a wheelchair ramp at the 1 street corner abutting the subdivision in conformance
City of Carlsbad Standards prior to occupancy of any t
ings.
39) The developer shall comply with all the rules, regulat
and design requirements of the respective sewer and wa
agencies regarding services to the project.
40) The design of all private streets and drainage systems be approved by the City Engineer prior to issuance of grading or building permit for this project. The desi all private driveways shall conform to City of Carlsba
standards of public streets. The structural section c
private streets shall conform to City of Carlsbad Star:
based on R-value tests. All private driveways and dra systems shall be inspected by the City, and the standa improvement plan check and inspection fees shall be pa
I prior to issuance of any building or grading permit fo
~ project.
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41) All private driveways shall be kept clear of parked ve
at all times, and shall have posted "NO Parking/Fire L
~ Tow Away Zone" pursuant to Section 17.04.040, Carlsbad
I Municipal Code.
16 42) All plans, specifications, and supporting documents fo
improvements of this project shall be signed and seale
shall be signed and sealed, except that bound document
18 be signed and sealed on their first page. Additionall: first sheet of each set of plans shall have the follow 19 certificate:
17 the Engineer in responsible charge of the work. Each
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"DECLARATION OF RESPONSIBLE CHARGE"
I hereby declare that I am the Engineer of Work for th project, that I have exercised responsible charge over
design of the project as defined in Section 6703 of th
Business and Professions Code, and that the design is
consistent with current standards.
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I understand that the check of project drawings and specifications by the City of Carlsbad is confined to review only and does not relieve me, as Engineer of Wc my responsibilities for project design.
(Name, Address and Telephone of Engineering firm)
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City, St . : 6
Address:
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BY
(Name of Engineer) Date:
R.C.E. NO. #
43) The developer shall provide the City with a reproducik
Commission. The site plan shall reflect the condition
the City Engineer prior to improvement plan submittal.
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44) Prior to issuance of any permits for this development,
approval by the City. The plan copy shall be submitte 12
mylar copy of the site plan as approved by the Plannin
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applicant shall obtain approval of a lot line adjustme
17 1 systems, automatic sprinklers, and other systems perti 18 to the project shall be submitted to the Fire Departme
approval prior to construction.
merge lots within this development.
Fire Department:
45) Fire retardant roofs shall be required on all structur
46) All fire alarm systems, fire hydrants, extinguishing
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I 47) The building shall be equipped with and protected by a automatic fire sprinkler system.
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PASSED, APPROVED AND ADOPTED at a regular meeting
Housing and Redevelopment Commission of the City of Carlsbi
California, held on the 15th day of April, 1986, by the €0: */I vote, to wit:
5 II AYES: Commissioners Casler, Lewis and Chick
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NOES : None
ABSENT : Commissioners Kulchin and Pet tine
ABSTAIN: None
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l2 ATTEST :
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! MARY HOUSING H. D SLER, REDEVELOPMEN2 Chairper:
COMMISSION
7 AIL~ETHA L. RAUTENK~ANZ, City Cl
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