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HomeMy WebLinkAbout1986-01-21; City Council; Resolution 83511 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 3.6 17 18 19 20 21 22 23 24 25 26 27 2% CITY COUNCIL RESOLUTION NO. 8351 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT IMPOSING RESTRICTIONS ON REAL PROPERTY BETWEEN THE CITY OF CARLSBAD AND RICHARD AND MARCELLA GILBERT TO PROVIDE FOR LOW AND MODERATE INCOME HOUSING IN A 22 UNIT CONDOMINIUM PROJECT ON .92 ACRES OF PROPERTY GENERALLY LOCATED AT 1014-1016 LAGUNA DRIVE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. APPLICANT: OAKTREE CONCEPTS CASE NO: CT 83-23/CP-246 WHEREAS, the City of Carlsbad and Richard and Marcella iilbert have reached an agreement regarding the provision of low ind moderate income housing, NOW, THEREFORE, BE IT RESOLVED by the City Council of the :ity of Carlsbad as follows: 1. That certain agreement between the City of Carlsbad ind Richard and Marcella Gilbert entitled "Agreement Imposing lestrictions on Real Property", a copy of which is attached hereto larked Exhibit "X" and made a part hereof is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby iuthorized and directed to execute said agreement for and on behalf )f the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the :ity Council of the City of Carlsbad, California, held on the 21st day of January , 1986, by the following vote to rit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT : LTTEST : None Y5Jk MARY H.: CASLER, Mayor : SEAL) 3 EXHIBIT "X" XECORDING REQUESTED BY: 1 Assessors Parcel No.: 1 WHEN RECORDED MAIL TO: 1 1 City of Carlsbad 1 1200 Elm Avenue 1 Carlsbad, California 92008 1 Space above for recorder's use AGREEMENT IMPOSING RESTRICTIONS ON REAL PROPERTY day This agreement 3s made and entered into this of , 1985 by and between the City of Carlsbad, California, a municipal corporation, hereinafter referred to as "Carlsbad" and Richard T. Gilbert and Marcella D. Gilbert, husband and wife, hereinafter referred to as "applicant. I' RECITALS A. Applicant is the owner of certain real property located at Laguna Drive, in the City of Carlsbad, County of San Diego, State of California more particularly described in Exhibit "A", attached hereto and incorporated by this reference. B. The applicant applied to the Planning Commission of the City of Carlsbad for approval of a 22 unit Tentative Tract Map and Condominium Permit, designated and hereinafter referred to as CT 83-23/CP-246, on the property described in Exhibit rrA1'. C. In CT 83-23/CP-246, the applicant requested approval of a density of 23.9 dwelling units per acre, qreater than the General Plan range, under the provisions of Government Code Section 65915 which states that if an applicant agrees to construct 25% of the units in a development for persons of low or moderate income that he can be awarded a density bonus. D. Pursuant to the provisions of recital "C" above, and for the mutual benefit of the applicant and Carlsbad, the Planning Commission of the City of Carlsbad, by its Resolution No. 2227 of December 14, 1983, conditioned the approval of CT 83- 23/CP-246 on the execution of this agreement and established that four of the units to be constructed would be available at an affordable cost to persons or families of low or medium income. The condition provided: "Prior to approval of the final map for this project the applicants/subdividers shall enter into an agreement with the City establishing that four of the dwelling units constructed pursuant to this approval shall be available at an affordable cost only to persons or families of low or moderate income as defined in Section 50093 of the Health and Safety Code. The units shall remain available at an affordable cost to such persons or families for a period of twenty years from the date of initial occupancy of project. The agreement shall be implemented by appropriate restrictions or servitudes imposed upon the land. The applicant and the homeowners association shall be responsible for enforcing the provisions of the agreement. The City shall also have the right but not the obligation to enforce the provisions of the agreement. The agreement and restrictions or servitudes shall be approved by the City Council prior to approval of the final map. If the City Council adopts a city wide policy for implementation of the provisions of Section 65915 et seq of the Government Code, the provisions of this condition shall be deemed satisfied if the applicant complies with that policy." E. Carlsbad desires to ensure the continued availability of twenty five percent of the dwelling units of the project for persons or families of low or moderate income and -2- has determined that to ensure availability for the time period specified in this agreement, it is necessary that four of the units shall be rental units for the time period specified in this agreement. E. Without the execution of this agreement the City Council would be unwilling to grant approval of the final map for this project. NOW, THEREFORE, in consideration of the recitals and of Carlsbad's approval of the final map and of the benefit conferred thereby upon the subject real property it is hereby agreed as follows: 1. Definitions - whenever the following words or phrases appear in this agreement they shall have the meaning established by this section. a. "Qualified Person or Family" or "Person or Family of Low or Moderate Income" shall mean persons and families whose income does not exceed 80% of the area median income adjusted for family size pursuant to the provisions of Section 50093 of the State Health and Safety Code. Qualifications shall be verified by the Carlsbad Housing Authority. b. "Established Rent" shall mean the maximum monthly rent established for a restricted unit by the Director of Building and Planning. Established rents may vary based on the income level, family size of the qualified person or family, and -3- upon the size of the restricted unit, Established rents shall be affordable to qualified persons or families. c, "Restricted Unit" means a dwelling unit in the project which is occupied by or available for rent to a qualified person or family. d. "Area Median Income" means the median household income for San Diego County or the equivalent geographic area as annually established by the Federal Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937. In the event that such determinations by the Department of Housing and Urban Development are discontinued the area median income shall be that median household income established and published by the Department of Housing and Community Development of the State of California pursuant to Health and Safety Code Section 50093, 2. Restrictions on the Project a. That for a period of twenty years from the date of conveyance of any unit in the project four total dwelling units constructed shall be made available for rental to qualified persons or families. Each restricted unit shall be rented at an established rent. Established rents shall be determined annually by the Carlsbad Director of Building and Planning. The applicant may convey individual units in the project except that four of the units shall not be individually conveyed until expiration of twenty years from the date of construction of the project, These units may be conveyed as a group to a person or persons or entity -4- who specifically agree to hold the units for rental purposes during the term of this agreement. During the twenty year period the four units shall be restricted units as specified in Section 2.b. of this agreement. Prior to the conveyance of the tenth unit in the project the applicant shall tentatively designate the four restricted units. Prior to the conveyance of the eighteenth unit the applicant shall record an amendment to this agreement specifically describing the restricted units. A note outlining the restrictions of this agreement shall be included on the final map for the project and in the deeds of the unrestricted units. b. The design and exterior appearance of the restricted units shall be compatible with the nonreserved units within the development and shall contain on average the same or a larger number of bedrooms per reserved unit as the nonreserved units. The restricted units shall be constructed either prior to or simultaneously with the nonreserved units with the development. If the development is being constructed in phases, the percentage of reserved units to be constructed in each phase shall be equivalent to the percentage of the total number of nonreserved units being constructed in that phase, c. Applicant shall keep rental data for restricted units and qualified persons or families and shall submit annual rental data for the restricted units and qualified persons or families occupying the units to the Carlsbad Director of Building and Planning and the Housing Authority. At any time during the -5- e term of this agreement the Director of Building and Planning or the 'Housing Authority may inspect or audit the applicant's books for the project or the project itself to ensure performance of this agreement by applicant. 3. Carlsbad may assign all or any of its rights or obligations under this agreement to the Carlsbad Housing and Redevelopment Commission, but to no other public agency, 4. All notices required under this agreement shall be sent by certified mail, return receipt requested to the following address: To Applicant: Richard T, and Marcella D. Gilbert To Carlsbad: Attn: Director of Building and Planning 1200 Elm Avenue Carlsbad, California 92008-1989 5. The covenants, conditions and obligations contained herein shall run with the land and shall apply to and bind the heirs, successors and assigns of all parties hereto. This agreement shall be recorded. 6, This agreement constitutes the entire agreement between the parties and no modification shall be binding unless reduced to writing, signed by the parties hereto. 7. All questions pertaining to the validity and interpretation of this agreement shall be determined in accordance with the law of California applicable to contracts made and to be performed within the State. -6- 8. This agreement shall remain in full force and effect for twenty years from the issuance of the certificate of occupancy for the project unless sooner cancelled by the City Council after a noticed public hearing on the matter. 9. Applicant shall notify the Carlsbad Housing Authority of the availability of any restricted units. The Carlsbad Housing Authority may refer prospective tenants to applicant. Housing Authority, only to persons and families qualified by the Housing Authority. The applicant may, but is not obligated to, participate in any housing program offered by the Housing Authority. All prospective tenants shall be qualified by the The applicant shall rent restricted units CITY OF CARLSBAD by : APPLICANT: j&JJ&+ Richard T. Gilbert before me, the undersigned, a Notary Public in and for perSonally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name&) islare subscribed to the within instrument and acknowledged to me that he/she/they (This area for official notarial seal) n .-- ,\-& -, in the year 19u, D, personally appeared )ersonally known to me Irson- whose name- dged to me that 2e- ', ' ii .. ;i LOCATION MA EXFrI.SIT A 12-24-85 I R- 1 RP Lots 1 *r~6 inclusive in Block 13 OF Sunny Slone Trac?: accor6inc;