HomeMy WebLinkAbout1984-02-07; City Council; Resolution 74981
f
5
f
S
E
r 1
E
s
1c
13
li
12
14
16
1E
17
le
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 7498
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS
A SITE DEVELOPMENT PLAN 83-7 FOR A 22 UNIT
APARTMENT COMPLEX ON PROPERTY GENERALLY LOCATED
ON THE EAST SIDE OF HARDING STREET BETWEEN PINE
AVENUE AND CHESTNUT AVENUE. SDP 83-7/GARAPICH NOGLE
WHEREAS on October 12, 1983, the Carlsbad Planning
Commission adopted Resolution No. 2200 approving SDP 83-7; and
WHEREAS, the City Council of the City of Carlsbad, on
November 1, 1983 held a public hearing to consider the
recommendations and heard all persons interested in or opposed to
Site Development Plan No. 83-7; and
WHEREAS, the Land Use Planning Manager and the Planning
Commission have determined that the amendment will not have any
significant impacts on the environment and a Negative Declaration
has been prepared, filed and approved by the Planning Commission
on August 24, 1983 in satisfaction of the requirements of the
City of Carlsbad Environmental Protection Ordinance of 1980 and
the California Environmental Quality Act,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad, California as follows:
A. That the above recitations are true and correct.
B. That the findings of the Planning Commission in
Resolution No. 2200 constitute the findings of the City Council
in this matter.
C. That Site Development Plan No. 83-7 together with
the provisions for its design and improvement and subject to the
conditions of this resolution, is consistent with all applicable
general and specific plans of the City of Carlsbad.
1
2
2
4
E Y
e
7
E
9
1c
11
12
13
14
15
16
1'7
18
19
20
21
22
23
24
25
26
27
28
D. That Site Development Plan No. 83-7 is hereby
approved subject to all applicable requirements of the Carlsbad
Municipal Code and to the satisfaction of the conditions
contained in Planning Commission Resolution No. 2200, dated
October 12, 1983 marked Exhibit A, attached hereto and made a
part hereof.
PASSED, APPROVED AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, held on
the 7th day of February , 1984, by the following
vote, to
ATTEST :
wit:
AYES:
NOES: Council Memkr Lewis
ABSENT: None
Council Menbas Casler, Kulchin, Chick and Prescott
%=d ASLER, LLH Mayor
ALETHA L. l?AUTENKRANZ, City Cferk
3
1
2
3
4
5
6
7
a
9
10
11
12
12
14
1:
1E
1';
1E
1E
2(
21
2;
2:
21
2!
2r
2'
2i
PLANNING COMMISSION RESOLUTION NO. 2200
A RESOLUTION OF THE PLANNING COMKISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN
PROPERTY GENERALLY LOCATED Oh' THE EAST SIDE OF HARDING
STREET BETWEEN PINE AVENUE AND CHESTNUT AVENUE,
APPLICANT: GARAPICH/NOGLE
CASE NO:
WHEREAS,
01
SDP 83-7
a verified application has been filed with the I
ity of Carlsbad and referred to the Planning Commission; and i WHEREAS, said verified application constitutes a request a
jrovided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code,
:he Planning Commission did, on the 12th day of October, 1983,
:onsider said request on property described as:
Parcel 3, in the City of Carlsbad, as shown on page 499 of
the Parcel Maps, filed in the office of the County Recorder
April 15, 1971; .
WHEREAS, at said hearing, upon hearing and considering all
Lestimony and arguments, if any, of all persons desiring to be
ieard, said Commission considered all factors relating to Site
Development Plan No. 83-7.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission 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, th
Commission APPROVES SDP 83-7, based on the following findings
and subject to the following conditions:
F ind ing s :
1) The density of the project is consistent with the RVH general
plan designation and with the RD-H zone.
2) The site is physically suitable for the type and density of th
development since the site is adequate in size and shape to
accommodate residential development at the density proposed.
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
2) This project is approved upon the express condition that the
final map shall not be approved unless the City Council finds
as of the time of such approval that sewer service is available to serve the subdivision.
3) This project is approved upon the express condition that buildinq 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.
The project is consistent with all City public facility pol-
icies and ordinances since:
The Planning Commission has, by inclusion of an appropriate condition to this project, insured that the project will
not be approved unless sewer service is available to serve
the project. In addition, the Planning Commission has
added a condition that that building permits may not be issued for the project unless the City Engineer determines
that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfied that the
requirements of the public facilities element of the
general plan have been met insofar as they apply to sewer
service for this project.
The Carlsbad School District has written a letter, dated,
May 31, 1983, stating that school facilities will be
available to this project.
Park-in-lieu fees are required as a condition of approval.
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.
This project will not cause any significant environmental
impacts and a Negative Declaration has been issued by the Land Use Planning Manager on July 29, 1983 and approved by the Planning Commission on August 24, 1983.
Cond it ions :
1) Approval is granted for SDP 83-7, as shown on Exhibit "X",
dated, October 12, 1983, incorporated by reference and on file
in the Land Use Planning Office. Development shall occur
substantially as shown unless otherwise noted in these cond it ions.
IPC RES0 NO. 2200 I ,, -2-
1
8
9
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4)
7)
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 June 20, 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 wit"h the General Plan and approval for this project shall be void.
The applicant shall pay park-in-lieu fees to the City, prior to
the issuance of building permits as required by Chapter 20.44 of the Carlsbad Municipal Code.
The applicant shall provide school fees to mitigate condit-ions
of overcrowding as part of building permit application. These fees shall be based on the fee schedule in effect at the time of building permit application.
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 irrigation
plan which shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits.
All parking lot trees shall be a minimum of 15 gallons in
size.
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 siqns,
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.
I///
PC RES0 NO, 2200 -3-
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
15) All roof appurtenances, including air conditioners, shall be
architecturally integrated and shielded from view and the sound buffered from adjacent properties and streets, pursuant to Building Department Policy No. 80-6, to the satisfaction of the Land Use Planning Manager and Building and Planning Director.
Engineering Conditions:
The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
The grading for this project is defined as "regular grading" bl
Section 11.06.170(a) of the Carlsbad Municipal Code. The developer shall submit a grading plan for approval which shall
include all required drainage structures and any required
erosion control measures. The developer shall also submit soils, geologic or compaction reports if required and shall
comply with all provisions of Chapter 11.06 of the Carlsbad
Municipal Code.
No grading shall occur outside the limits of the subdivision
unless a letter of permission is obtained from the owners of the affected properties.
Prior to the issuance of a grading permit, the haul route shall
be submitted for review and approved by the City Engineer. A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the city limits.
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.
The developer shall comply with all the rules, regulations and
design requirements of the respective sewer and water agencies regarding services to the project.
All private driveways shall be kept clear of parked vehicles a1
all times, and shall have posted "NO Parking/Fire Lane Tow Awa]
Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code.
Fire Conditions:
23) Prior to the issuance of building permits, complete building
plans shall be submitted to and approved by the Fire
Department.
24) Additional public and/or on site fire hydrants shall be re-
quired if deemed necessary by the Fire Marshall.
25) All private driveways shall be kept clear of parked vehicles a
all times, and shall have posted "NO Parking/Fire Lane Tow Awa
Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code.
PC RES0 NO. 2200 -4- 2.9 7
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
le
19
2c
21
22
23
24
25
26
27
2e
!6
!7)
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.
Prior to the issuance of any building permits the applicant
and the City shall enter into an agreement which includes the following requirements:
?lanning
:he 12th
ATTEST:
a) That a number of units equal to the density bonus granted, in this case (9) units, be set aside for affordable rents.
b) That the rents for these units not exceed 25 percent
of 80 percent of the median income affordable rent as
defined by HUD or the current Carlsbad Apartment Survey, whichever is lower.
c) That these rental units remain subject to the above
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on
day of October, 1983, by the following vote, to wit:
AYES: Chairman Schlehuber, Commissioners Rombotis,
NOES : None.
ABSENT: Commissioner Friestedt.
ABSTAIN : None.
criteria for a period of twenty (20) years.
Marcus, Lyttleton, Farrow and Rawlins.
CLARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
MICHAEL J. HOLZMILLER
LAND USE PLANNING MANAGER
PC RES0 NO. 2200 -5-
October 5, 1983
TO : LAND USE PUNNING .UNAGER
F EiOM : Community Redevelopment Manager
AFFORDABLE HOUSING PROVISION-GARAPICH/NOGEL GPA 83-5
It is the purpose of this report to address the affordability condition in the RVH Ordinance as it applies to Garapich/Nogel (GPA/LU 83-5, ZC-282/DSP 83-7).
77hile subject to local interpretation, the definition of affordability has traditionally been tied to the Federal Housing and Urban Development (HUD) median income statistics. (Attachment I) HUD defines low income as 80% of the area median inc0v.e.
The applicant has proposed to meet the affordability condition of
the RVH Ordinance in the following manner (Attachment 11).
1) That five (5) units in the project will be available
t I
to persons and fanilies of low to moderate income.
2) That rental rates will be set at 25% of 100% of the monthly area median income affordable rent as defined by HUD.
3) That these rental units remain subject to this criteria for no less than five (5) years.
StaEf feels that this proposal does not adequately satisfy the intent of the ordinance to supply affordable housing. The proposed rent rate of $550.00 for a four person two bedroom apartment is close
to market rent for this project location. Additionally, this ranqe
exceeds the median rent range for two bedroom units in Carlsbad as defined in the latest apartment survey (Attachment 111).
For this project, staff recommends that the following criteria be met to satisfy the affordability condition of the RVH Ordinance.
1) That a number of units equal to the density bonus
granted, in this case nine (9) units, be set aside for
affordable rents.
J
AFFORDABLE HOUSI~~ ~~OVIS ION
GARAPICH /NOGEL GPA 83-5 PAGE 2
2) That the rents for these units not exceed 25% of
80% of the median income affordable rent as define2 by HUD or the current Carlsbad Apartment
Survey median rent whichever is lower.
3) That these rental units remain subject to this criteria for twenty (20) years.
Staff's recommendation is based on the fact that the nine (9) unit set aside represents the number of units above and beyond the maximum units the developer could build had he not asked to be considered under this ordinance. It is reasonable, staff feels, to recommend that this number be designated to satisfy the affordable
housing condition.
80% of median income is the standard throughout the nation to define low income. In other programs designed to encourage affordable
housing, such as Mortgage Revenue Bond programs, this figure is
stipulated as the rent rate level for the units set aside. In real numbers this means a two bedroom apartment at 80% rents for $440.00 per month. two bedroom unit rents for $550.00.
At 100% of median as proposed by the applicant this she
The twenty year term represents the reasonable life of the building.
It represents the time of the impact the density bonus has on the surrounding neighborhood. Staff feels that the five year term proposed by the applicant is not sufficient to mitigate the impact caused by allowing the density bonus.
Finally, staff feels that it is important to review each project on a case by case basis. It may not be possible to establish criteria that can be uniformly applied throughout the City. A project located in South Carlsbad or by the Palomar Industrial Park may require different consideration.
CHRIS SALOMONE
CS : a1
RENTS FOR THE COUNTY OF
$26,400 is the HUD median income for a family of four as of July, 1983
ATTACHMENT I
50%
75%
80%
100%
1
2 3
120% 4 5 6
7 8
$9,240
$10,560
$11,880
$13,200
$14,025
$14,850
$15,675 $16,500
$13,860
$15,840
$17 820
$19,800
$21,038
$22,275
$23,513 $24,750
$14,784
$16,896
$19,008
$22,440
$23,760
$25,080
$26,400
$18,480
$21,120
$23,760
$26,400
$28,050
$29,700
$31,350
$33,000
$22,176
$28,512
$31,680
$33,660 $35,640
$37,620
$39,600
$21,120
$258344
$770.00
$880.00
$990.00 $1,100.00
$1 , 168-75
$1,306-25
$1,375.00
$1,155.00
$1,320.00
$1,485.00
$1,650.00
$1,753.13
$1,856.25 $1 , 959.38
$2,062.50
$1,232.00
$1,408.00
$1,584.00 $1,760.00
$1,870.00
$1,980.00
$2,090.00 $2,200.00
$1,540.00
$1,760.00 $1,980.00
$2,200.00 $2,337.50 $2,475.00
$2,612.50
$2,750.00
$1,848.00
$2,112.00
$2,376.00
$2,640.00
$2,805.00
$2,970.00
$3,135.00 $3,300.00
$1,2370 50
$192.50
$220.00
$247.50
$275.00
$292.19
$309.38
$326-56
$343.75
$288.75
$330.00
$371.25
$412.50
$438.28
$464.06
$489.84 1 $515.63 r
$308.00 - 2 Bdr. $352.00 City
$396.00 Proposed - 2 Bdr.
$440.00 Range
$467.50 - 3 Bdr. $495.00
$522.50 - 4 Bdr.
$550.00
$38s*00 Applicant 1 Bdr.
$440.00
$550.00
$584.38 - 3 Bdr.
$618.75
$653.13 - 4 Bdr. $687.50
Proposed- 2 Bdr- $495 00 Range
$462.00
$528.00 $594.00
$660-00
$701.25
$742.50
$783.75
$825.00