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HomeMy WebLinkAbout1991-09-18; Planning Commission; ; CUP 217AX1 - TYLER COURT• STAFF REPORT DATE: SEPTEMBER 18, 1991 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: CUP 217(A)xl -TYLER COURT -Request for an extension of CUP 217(A) allowing a senior housing project at 3363 Tyler Street in the ROM Zone. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution 3297 APPROVING a seven year extension of CUP 217(A) based on the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND On August 24, 1982, the City Council approved CUP 217 for a 75 unit senior housing project located between Tyler Street and the railroad right-of-way in the ROM Zone. The Conditional Use Permit, amended on January 17, 1984, was conditioned to expire in five years unless an extension was requested and approved by the Planning Commission. Over the past months, the Planning Department has created a monitoring program to track projects conditioned with expiration dates. This program has identified a number of expired conditional use permits. In order to allow the extension of those conditional uses still in operation or existence, the Planning Department has given property owners the opportunity to request extensions of the expired conditional use permits. After notification by Staff, the applicant has requested an extension for the maximum permitted time allowed by the conditional use permit. III. ANALYSIS The Tyler Court Senior Apartments have continued to operate as conditioned for the past nine years. Changes to the project include the addition of a parking lot adding 26 spaces for a total of 51 spaces to serve the 75 unit project. Also, on October 21, 1987, • • the Planning Commission deleted a condition which limited the occupancy of two-thirds of the units to tenants without automobiles. Planning Issues Can the findings required for a Conditional Use Permit still be made? 1. Is the Tyler Court senior citizen project necessary and desirable for the development of the community, essentially in harmony with the various elements and objectives of the General Plan, and not detrimental to existing uses or users specifically permitted in the area? 2. Is the site adequate in size and shape to accommodate the use? 3. Can all yards, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future use in the neighborhood be provided and maintained? 4. Is the street system serving the proposed use adequate to properly handle all traffic generated by the proposed use. DISCUSSION The senior citizen housing project continues to be in harmony with the General Plan and is necessary and desirable for the development of the community since it provides housing designed to accommodate the needs of senior residents. The project is compatible with the surrounding neighborhood which consists of both single family and multiple family projects. The site, enlarged to include a .20 acre parking lot which doubled the number of parking spaces provided and brought thhe project into conformance with current parking standards for senior residential projects, continues to be adequate in size and shape to accommodate the project. All required yards, fencing, landscaping, and on site parking have been been provided and maintained as required in order to adjust the use to existing or permitted future uses in the neighborhood. The street system serving the proposed use continues to be adequate to properly handle all traffic generated by the proposed use since street improvements widening Tyler Street have been completed since the project was approved in 1982. Condition No. 21 of Resolution 6985 approving CUP 217 and Condition No. 2 of Resolution No. 7474 approving CUP 217(A) state that the Planning Commission may grant extensions not to exceed five years. To extend CUP 217(A) for five additional years, it is necessary to grant extensions totaling seven years. The first two year extension is retroactive from January 17, 1989 through January 17, 1991, and the • CUP 217(A)Xl -TYLER COURT SEPTEMBER 18, 1991 PAGE 3 • second five year extension will allow the subject use to continue through January 17, 1996. SUMMARY Although CUP 217(A) has expired, the Tyler Court senior residential project is still a desirable and compatible use at the approved location; therefore, Staff is recommending that the Planning Commission accept the existing Conditional Use Permit as valid and extend CUP 217(A)xl for seven years. This seven year period includes the past two years as well as five additional years through January 17, 1996. IV. ENVIRONMENT AL REVIEW The Planning Director has determined that the environmental impacts of the project have already been considered in the issuance of a Negative Declaration dated July 29, 1982, and the extension of the conditional use permit allowing the continuation of an existing use in an existing facility is categorically exempt according to CEQA, Section 15301. ATTACHMENTS 1. 2. 3. 4. 5. 6. 7. ~ :?~Commission Resolut~on No. 3297 ~: Resolution No. 6985 • '-'-"1,..,........,..,~~ Resolution No. 7474 Location Map Disclosure Statement Staff Report dated October 21, 1987 Letter dated February 8, 1991. August 19, 1991 AH:vd City of ~rlsbad DISCLOSURE STATEMENT APPLICANTS STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL. OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE. (Please Print) The following information must be disclosed: 1 . 2. 3. 4. Applicant AVALON! :PARTNERS r, UDrn ,; a Missouri Limited Part . ..,n"""er""'s:;;..;h...,i;.i.P----an_d ________ _ RIVA PARTNERS, LTD. , a Missouri Limited Part_n_e_rs_h_i_p ___________ _ 3551 Camino Mira Costa, Suite #N San Clemente, cA. 92627 Owner List the names and addresses of all persons having any ownership interest in the property involved. ·SAMltAS ABQVE:•:·· .,.-.-s. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names anc addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnershi; interest in the partnership. All individuals in the two 12,.artner- ships own less than 10% interesr in_the project partnership, Tyler Court Partners, Ltd., the owner of record of lyler Court Apartments. AVALON PARTNERS, LTD. RIVA PARTNERS, LTD. 40% 60% If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names an< addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiar of the trust. Not applicable (Over) / • • Disclosure Statement Page 2 s. Have you had more than $250 worth of business transacted with any member of City staff, Soares Commissions, Committees and Council within the past twelve months? Yes_ No _L 11 yes, please indicate person(s) ____________________ _ Person is defined as: 'Any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, thiS and any other county, city and county, city mun;(.:ipaliiy, districi: or ot:1er politics: subdivlzion, o, ar.y othc:-group or combination actinfl as ~ unit.• , --~-~-.. -------· .... -~·•----•---·--.-·.~~---···----·---------·-·-· __ J Signa-\ur~ of Owner/datL-- /.....OA-~LQ.A Ccu.Jt:t -,-I~ ~ ' U Managing Diane F. Olson, General Partner Tyler Court Partners, Ltd. Print or type name of owner Tyler Court Apartments Print or type name of applicant February 8, 1991 Ms. Erin K. Letsch Management .Analyst City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009-4859 Dear Ms. Letsch: Re: CUP No. 217, & No. 217A #N, San Clemente, 493-4140 This letter hereby requests an extension of the above mentioned permits for a five-year period. Enclosed is a cheque for $375.00 for this permit. If you have any questions please call me. Sincerely, LIOO INVESTMENTS, INC. JS/tcb cc encl. ~ • • STAFF REPORT DATE: MARCH 4, 1991 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: CUP 217(A)xl -TYLER COURT -Request for an extension of CUP 217(A) allowing a senior housing project at 3363 Tyler Street in the RDM Zone. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 3297 APPROVING an eight year and one and one-half month extension of CUP 217(A) based on the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND On August 24, 1982, the City Council approved CUP 217 for a 75 unit senior housing project located between Tyler Street and the railroad right-of-way in the RDM Zone. The Conditional Use Permit, amended on January 17, 1984, was conditioned to expire in five years unless an extension was requested and approved by the Planning Commission. Over the past months, the Planning Department has created a monitoring program to track projects conditioned with expiration dates. This program has identified a number of expired conditional use permits. In order to allow the extension of those conditional uses still in operation or existence, the Planning Department has given property owners the opportunity to request extensions of the expired conditional use permits. After notification by Staff, the applicant has requested an extension for the maximum permitted time allowed by the conditional use permit. III. ANALYSIS The Tyler Court Senior Apartments have continued to operate as conditioned for the past nine years. In 1987, to qualify for financing, which required compliance with the City's new 1 space/2 unit parking standard, the applicant requested administrative approval to construct a parking lot on an adjacent parcel to serve the apartment project. The .20 acre parcel was large enough to allow the construction of 26 additional spaces, increasing the total parking spaces provided to 51. The project exceeds the minimum parking requirement by 13 spaces and site inspections of the project by staff have determined that these additional spaces are rarely utilized by residents. The Tyler Court property manager has indicated that 40 tenants currently have automobiles. CUP 217(A)xl -TYLER .RT MARCH 4, 1992 PAGE 2 The applicant has verified that tenants meet the age requirements as conditioned. Approximately 30 of the one and two bedroom units, which range in size from 720 -920 square feet, are occupied by tenants receiving Section 8 housing assistance. Planning Issues Can the findings required for a Conditional Use Permit still be made? 1. Is the Tyler Court senior citizen project necessary and desirable for the development of the community, essentially in harmony with the various elements and objectives of the General Plan, and not detrimental to existing uses or users specifically permitted in the area? 2. Is the site adequate in size and shape to accommodate the use? 3. Can all yards, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future use in the neighborhood be provided and maintained? 4. Is the street system serving the proposed use adequate to properly handle all traffic generated by the proposed use. DISCUSSION The senior citizen housing project is in harmony with the General Plan and is necessary and desirable for the development of the community since it provides housing designed to accommodate the needs of senior residents. The project is compatible with the surrounding neighborhood which consists of both single family and multiple family projects. The site, which has been enlarged to include a .20 acre contiguous parcel, is adequate in size and shape to accommodate the 75 unit apartment project. All required yards, fencing, and amenities such as indoor and outdoor recreation areas, a large well equipped laundry facility, and a landscaped courtyard and perimeter landscaping have been provided and maintained as required in order to adjust the use to existing or permitted future uses in the neighborhood. The street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use since street improvements widening Tyler Street have been completed since the project was approved in 1982. Condition No. 21 of Resolution 6985 approving CUP 217 and Condition No. 2 of Resolution No. 7474 approving CUP 217(A) state that the Planning Commission may grant extensions not to exceed five years. To extend CUP 217(A) for five additional years, it is necessary to grant extensions totaling eight years and one and one-half months. The first CUP 217(A)xl -TYLER .RT MARCH 4, 1992 PAGE 3 • three years are retroactive from January 17, 1989 through March 4, 1992, and a five year extension will allow the subject use to continue through March 4, 1997. SUMMARY The Tyler Court Senior Apartments are a desirable and compatible use and can be adequately accommodated at the approved location. The original Conditional Use Permit had an expiration date of January 17, 1989, however, due to the special extension procedure explained above, the Planning Commission has the ability to accept the Conditional Use Permit as valid and extend CUP217(A)xl for five additional years through March 4, 1997. Staff therefore recommends approval of CUP 217(A)xl as conditioned. IV. ENVIRONMENT AL REVIEW The Planning Director has determined that the environmental impacts of the project have already been considered in the issuance of a Negative Declaration dated July 29, 1982, and the extension of the conditional use permit allowing the continuation of an existing use in an existing facility is categorically exempt according to CEQA, Section 15301. ATTACHMENTS 1. Planning Commission Resolution No. 3297 2. Location Map 3. Disclosure Statement 4. City Council Resolution No. 6985 5. City Council Resolution No. 7474 6. Staff Report dated October 21, 1987 7. Letter dated February 8, 1991. August 19, 1991 AH:vd:km City of Carlsbad TYLER COURT CUP 217(A)x1 @:;ity of C&rlsbad DISCLOSURE STATEMENT APPUCANTS STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPUCATIONS WHICH WILL REQUIRE DISCRET10NARY ACTION ON THE PART OF THE CITY COUNCIL. OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE. (?iease Print) 1;1e foilowing information must be disclosed: 1 . Applicant AVJ\JDN PARTNER...S*, LTD~,: a Missouri Limited Part ... n __ er .... s-:h.....,i,...p ____ a_n_d ________ _ in V/\ Pi\lffNLRS, LTD. , a Missouri Limited Part_n_c_rs_l_1i_.p ___________ _ 3551 Camino Mira Costa, Suite #N San Clemente, CA. 92627 2. Owner 3. 4. List the names and addresses of all persons having any ownership interest in the property involved. S;\i}m AS ABOVE .... .-.,, ----~.---·--- If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names an· addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnersh:: interest in the partnership. All individuals in the two nartner- ships own less than 10% interest- .in the project partnership, l'yler Court Partners, Ltd., the owner of record of lyler Court Apartments. AVALON PARTNERS, LTD. 40% ld VA PARTNERS , LTD. 60% If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names ant addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiar of the trust. Not applicable (Over) • • Disclosure Statement Page 2 s. Have you had more than $250 worth of business transacted with any member of City staff, Boar:3 Commissions, Committees and Council within the past twelve months? Yes _ No _L If yes, please indicate person(s) _____________________ _ Person is defined as: 'Any individual, firm, copartnersnip, joint venture, association, sociaJ club, fraternaJ organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city r;-,un;dpaliiy, c.ii$tfici u ot:1Gr p..-,nt:ca: ~ubdivdon, c;-a~y otr.c:-group er combination actln\1 as c111nit.' ! ·--~------------=.IL-......... --:w-......-•----~---·-......, ... __ _..._ -. -· -i -------,-..-------·------------.l Sign~ur~ of Owner/dat@...-. /~~ ~LQ__~ WWt:t J-"~ U Managing Diane F. Olson, General Partner Tyler Court Partners, Ltd. Print or type name of owner 29, 1991 Tyler Court Apartments Pr int or type name of applicant ------t: DATE: TO: FROM: INFORMATION ITEM OCTOBER 21, 1987 PLANNING COMMISSION PLANNING DIRECTOR CONDITION 15D, CUP-217(A), TYLER COURT APARTMENTS I. RECOMMENDATION It is recommended that the Planning commission grant relief from Condition 15d of CUP-217(A). II. BACKGROUND The City Council approved an amendment to Condition 15 of CUP-217 (A) on January 17, 1984. Part D of that condition reads as follows, "Two-thirds of the units shall be limited to occupancy by tenants who do not have automobiles." As approved, the project has 75 dwelling units and 25 parking spaces. At the time of this approval, senior projects were allowed to be parked at ratios as low as one space per four units. On April 29, 1986, the City Council enacted ZCA-187 which requires one space per two dwelling units for senior projects. Subsequently, the property owner has raised the total onsite parking to 51 spaces by expanding onto an adjacent lot. III. ANALYSIS The applicant has provided 51 onsite parking spaces for 75 dwelling units. This is 13 spaces more than required by ordinance. The most recent approval of a senior project, RP 86-3 Jefferson House II provided 29 spaces for 57 dwelling units. No condition regarding auto ownership was placed upon that project. The Tyler property presently has a ratio of one space for each 1.47 dwelling units. At this time, the applicant is requesting and the Planning Department supports the deletion of Condition 15d from CUP-217(A). ATTACHMENTS 1) Copy of Planning Commission Resolution 2) Site Plan showing expanded parking BH:dm February 8, 1991 Ms. Erin K. Letsch Management Analyst City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009-4859 Dear Ms. Letsch: Suite #N, San Clemente, (714) 493-4140 Re: CUP No. 217, & No. 217A This letter hereby requests an extension of the above mentioned pennits for a five-year·period. Enclosed is a cheque for $375.00 for this pennit. If you have any questions please call me. Sincerely, LIDO INVESTMENrS, INC. JS/tcb cc encl.