HomeMy WebLinkAbout1983-07-05; City Council; 7437; GENERAL PLAN AMENDMENT, ZONE CHANGE AND SITE DEVELOPMENT PLAN FOR 24 UNIT APARTMENT - GPA - 69 B | ZC-277 | SDP 83-5 ZIMMERMAN|CHANDLER$ 2' E ' 4 8
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, .- -I .. CI-F CARLSBAD - AGENDmILL
GENERAL PLAN AMENDMENT, ZONE CHANGE DEU.
AB#/z TITLE: AND SITE DEVELOPMENT PLAN FOR 24 UNIT MTQ. 7/5/83 APARTMENT - GPA-69(B)/ZC-277/SDP 83-5 ClmA
DEPT. PLN
RECOM MEN DED ACTION:
ClTY N ZIMMERMAN/CHANDLER
Both the Planning Staff and Planning Commission recommend that this application be APPROVED and that the City Attorney be
directed to prepare documents APPROVING GPA-69(B), ZC-277, and SDP 83-5, per Planning Commission Resolution Nos. 2135, 2136 a 2137.
ITEM EXPLANATION
This item is a request for approval of three applications:
1.) A General Plan Amendment from RMH (10-20 du/acre) to RVH (30-40 du/acre);
2) A Zone Change from R-3 to RD-H (Residential Density-
3) A Site Development Plan for a 24 unit apartment
High); and
project..
The property is .59 acres in size and located at the southeast
corner of Harding Street and Oak Avenue.
The applicant is proposing, and has provided an agreement ensuring, that 25% of the units will be reserved for low and
moderate income families for twenty years. For this reason, t
project is exempted from the three general plan amendment
hearings per year requirement of the State.
The Planning Commission could make all the required findings f
approval of the general plan amendment and zone change. Also, the Commission believed the location of the property and the provision of low and moderate income units could justify the
proposed density of 40 dwelling units per acre. The Planning Commission conditioned their approval on the preparation of ar
agreement guaranteeing the availability of the units.
The attached agreement has been prepared by staff and the Attorney's Office to guarantee availability of the project for
low and moderate income persons. The agreement provides that for twenty years 25 percent of the project shall be available for rent by low and moderate income persons. It also provides that for ten years the project shall be apartments. Staff
believes that these restrictions are necessary to implement tt purpose and intent of the RD-H zone. Without these restrictic staff believes that a density of 40 dwelling units per acre would not be appropriate for this project.
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Page Two of Agenda Bill No, vq37 .<
Through staff review and Planning Commission hearing, all issL on this matter have been satisfactorily resolved. Staff is re
ommending, however, that the City Council add one additional
condition to this project as follows:
If building permits are not issued for this project withir
two years from the date of approval by the City Council, t
project approval shall become null and void and the Generz
Plan designation shall revert to RMH and the zoning shall revert to R-3,
ENVIRONMENTAL REVIEW
The Land Use Planninq Manager has determined that this project will not cause any significant environmental impacts and,
therefore, has issued a Negative Declaration, dated May 15,
1983, which was approved by the Planning Commission on June 8,
1983. A copy of the environmental documents is on file in thc
Land Use Planning Office,
FISCAL IMPACT
The applicant will provide all required public improvements tc
the project. Also, the applicant has agreed to pay a public facilities fee to offset the costs of providing all other pub1 services.
EXHIBITS
1) Planning Commission Resolution Nos, 2135, 2136 and 2137
2) Location Map 3) Vicinity Map
4) Staff Report, dated June 8, 1983, w/attachments
5) Agreement
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PLANNING COMMISSION RESOLUTION NO. 2135
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAI
OF AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN FROM RESIDENTIAL MEDIUM HIGH (RMH) DENSITY TO RESIDENTIAL VERY HIGH (RVH) DENSITY ON
PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER
OF HARDING STREET AND OAK AVENUE.
CASE NO: GPA-69(B)
APPLICANT; ZIMMERMAN/CHANDLER
WHEREAS, a verified application for an amendment tl
General Plan designation for certain property located, as s
Exhibit "X", dated May 20, 1983, attached and incorporated
have been filed with the Planning Commission; and
WHEREAS, said verified applications constitute a r
for amendment as provided in Title 21 of the Carlsbad Munic
Code; and
WHEREAS, the Planning Commission did, on the 8th d
June, 1983, hold a duly noticed public hearing as prescribe
law to consider said request; and
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all per
ldesiring to be heard, said Commission considered all factor I
relating to the General Plan Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann
Commission of the City of Carlsbad, as follows:
A) That the above recitations are true and correct.
B) That in view of the findings made and considering the applicable law, the decision of the Planning Commission recommend APPROVAL of GPA-69(B), as shown on Exhibit ''X
dated May 20, 1983.
Findings
1) The site is adequate in size and shape to accommodate residential development at the density proposed.
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2) Uses allowed in the proposed, Residential Very High Den
land use designation are compatible with surrounding la for reasons stated in the staff report,
policies and ordinances since:
a) Sewer service is not required for a general plan
3) The project is consistent with all city public facility
amendment and subsequent development of the proper
require the availability of sewer service to serve
developments or construction cannot occur.
b) The applicant has agreed and is required by the in
of an appropriate condition to pay a public facili
fee, Performance of that contract and payment of
will enable this body to find that public faciliti
be available concurrent with need as required by t General Plan.
4) A Negative Declaration has been issued by the Land Use Planning Nanager and approved by the Planning Commissia June 8, 1983.
5) The proposed amendment is exempt from the mandatory rev period of three times per year pursuant to Section 6536
the California Government Code.
Conditions:
1) Approval of GPA-69(B) is granted subject to approval of
Change 277 and Site Development Plan 83-5.
2) This project is approved upon the express condition tE- applicant shall pay a public facilities fee as require
City Council Policy No. 17, dated April 2, 1982, on fj the City Clerk and incorporated herein by reference, E according to the agreement executed by the applicant f
payment of said fee, a copy of that agreement, dated f
1983, is on file with the City Clerk and incorporated
by reference. If said fee is not paid as promised, t?
application will not be consistent with the General PI approval for this project shall be void.
3) At least 25% of the units shall be made available to pc or families of low or moderate income as defined by Sec
50093 of the State Health and Safety Code,
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PASSED, APPROVED AND ADOPTED at a regular meeting c
f Carlsbad, California, he1
following vote, to wit:
AYES: Chairman Schlehuber, Commissioners Marcus
Rombotis, Jose, Friestedt and Rawlins.
ABSENT: Commissioner Farrow.
ABSTAIN: None.
CLARENCE SCHLEHUBER, Chairmi CARLSBAD PLANNING COMMISSIOI
PC RES0 NO. 2135 -3-
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PLANNING COMMISSION RESOLUTION NO. 2136
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAI OF A ZONE CHANGE FROM MULTIPLE FAMILY RESIDENTIAL (R-3) TO RESIDENTIAL DENSITY HIGH (RD-H) ON
PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER
OF HARDING STREET AND OAK AVENUE.
APPLICANT: ZIMMERMAN/CHANDLER
CASE NO: ZC-277
WHEREAS, a verified application for certain proper1
wit:
That portion of Lot 1, subdivision of tracts 114 ai of Carlsbad Lands per Map No. 1744 filed January 3
has been filed with the City of Carlsbad, and referred to tl
Planning Commission; and
WHEREAS, said application constitutes a request as
rovided by Title 21 of the Carlsbad Municipal Code; and p
WHEREAS, the Planning Commission did on the 8th da
June, 1983, hold a duly noticed public hearing as prescribe
to consider said request; and
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all per
desiring to be heard, said Commission considered all factor
relating to the Zone Change; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann
Cornmission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hear Commission recommends APPROVAL of ZC-277, based on the following findings and subject to the following conditi
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Findings:
1) The proposed change of zone to RD-H is consistent with t general plan designation of RVH since a designation like is applied to an area that is suitable for very high der
multi-family residential development.
2) The RDH zone is compatible with surrounding properties E
the subject property is immediately adjacent to the comn core of downtown and many of the surrounding properties developed with multiple family residences in the future,
3) The applicant has agreed and is required by the inclusic appropriate condition to pay a public facilities fee, Performance of that contract and payment of the fee wil: this body to find that public facilities will be availaf
concurrent with need as required by the General Plan,
4) The Land Use Planning Manager has determined that this :
change will not have a significant impact on the enviroi
and therefore has issued a Negative Declaration on May :
1983, which was approved by the Planning Commission on i
1983.
5) Concurrent with this zone change, a site development pli
be approved by the Planning Conmission, This will ensu:
the subject property is adequate in size and shape to
accommodate the proposed development,
6) The proposed change of zone is consistent with all othe.
elements of the general plan.
Conditions:
1) Approval is granted for ZC-277, as shown on Exhibit "X"
May 20, 1983, incorporated by reference and on file in
Use Planning Off ice .
2) This is approved upon the express condition that the ap shall pay a public facilities fee as required by City C Policy No. 17, dated April 2, 1982, on file with the Ci and incorporated herein by reference, and according to
agreement executed by the applicant for payment of said copy of that agreement dated April 5, 1983, is on file
City Clerk and incorporated herein by reference, If sa
is not paid as promised, this application will not be consistent with the General Plan and approval for this
shall be void.
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3) Approval of ZC-277 is granted subject to approval of Ge
Plan Amendment 69(B) and Site Development Plan 83-5.
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4) At least 25% of the units shall be made available to pe families of low or moderate income as defined by Sectio of the State Health and Safety Code.
PASSED, APPROVED AND ADOPTED at a regular meeting I
Planning Commission of the city of Carlsbad, California, he
8th day of June, 1983, by the following vote, to wit:
AYES: Chairman Schlehuber, Commissioners Marcus
NOES: None.
ABSENT: Commissioner Farrow.
ABSTAIN : None
Rombotis, Jose, Friestedt and Rawlins,
CLARENCE SCHLEHUBER, Chairm CARLSBAD PLANNING COMMISSIO
ATTEST:
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Land: Use Planning Manager
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PC RES0 NO. 2136 -3-
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PLANNING COMMISSION RESOLUTION NO. 2137
A RESOLUTION OF THE PLANNING COMMISSION OF THE CIT
OF CARLSBAD, CALIFORNIA, APPROVING SITE DEVELOPMEN' PLAN NO, 83-5, FOR A 24 UNIT APARTMENT PROJECT
CONTAINING A MINIMUM OF 25% LOW AND MODERATE INCOM
UNITS ON PROPERTY GENERALLY LOCATED ON THE SOUTHEA,
CORNER OF HARDING STREET AND OAK AVENUE. APPLICANT: ZIMMERMAN/CHANDLER
CASE NO: SDP 83-5
WHEREAS, a verified application has been filed wit'
City of Carlsbad, and referred to the Planning Commission;
WHEREAS, said verified application constitutes a r
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municip
the Planning Commission did, on the 8th day of June, 1983,
consider said request on property described as:
That portion of Lot 1 Subdivision of Tracts 1'14 an Carlsbad lands per Map No. 1744 filed January 3, 1
WHEREAS, at said hearing, upon hearing and conside
testimony and arguments, if any, of all persons desiring to
heard, said Cornmission considered all factors relating to S
'Development Plan No. 83-5.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann
Commission of the City of Carlsbad as follows: i
/A) That the foregoing recitations are true and correct.
€3) That based on the evidence presented at the hearing, th Conmission APPROVES SDP 83-5, based on the following fi and subject to the following conditions:
Findings:
1) The project is consistent with the City's General Plan
the site has been designated €or very high density resi
development by the Land Use Element of the General Plan I !
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2) The site is physically suitable for the type and densitj
development since the site is adequate in size and shape
accommodate the proposed residential development as stat
the staff report.
3) The project is consistent with all city public facilitj
icies and ordinances since:
a) The Planning Commission has, by inclusion of an apj condition to this project, insured that the final I
not be approved unless the City Council finds that
service is available to serve the project, In add.
the Planning Commission has added a condition that
shall be placed on the final map that building per] not be issued for the project unless the City Engii determines that sewer service is available, and bu
cannot occur within the project unless sewer servic remains available, and the Planning Commission is I
that the requirements of the public facilities elei
the General Plan have been met insofar as they app sewer service for this project.
b)2 The Carlsbad School District has written a letter April 5, 1983, stating that school facilities wil
available to this project. I
c) Park-in-lieu fees are required as a condition of a
d) All necessary public improvements have been provid
will be required as conditions of approval,
e) The applicant has agreed and is required by the in
of an appropriate condition to pay a public facili Performance of that contract and payment of the f
enable this body to find that public facilities wi available concurrent with need as required by the
Plan. I
f) Assurances have been given that adequate sewer for
4) The proposed project is compatible with the surrounding
uses since the properties on three sides of the subject
property have been designated for or developed with mu1
family residences.
project will be provided by the city of Carlsbad.
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5) This project will not cause any significant environmen impacts and a Negative Declaration has been issued by
Use Planning Manager on March 25, 1983 and approved by Planning Commission on June 8, 1983. I
6) The proposed project will provide low and moderate inco
rental housing as defined by Section 50093 of the State and Safety Code.
-2- PC RES0 NO. 2137
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Cond it ions :
1) Approval is granted for SDP 83-5, as shown on Exhibit(!
"E", dated May 6, 1983, incorporated by reference and ' in the Land Use Planning office. Development shall oc substantially as shown unless otherwise noted in these conditions.
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 facilities are available at the time of application €0
sewer permits and will continue to be available until
occupancy.
3) This project is approved upon the express condition th applicant shall pay a public facilities fee as require
Council Policy No. 17, dated April 2, 1982, on file wi
City Clerk and incorporated herein by reference, and 2 to the agreement executed by the applicant for payment fee, a copy of that agreement, dated April 5, 1983, iE
with the City Clerk and incorporated herein by referer said fee is not paid as promised, this application wil consistent with the General Plan and approval for this shall be void.
The applicant shall pay park-in-lieu fees to the cityi
required by Chapter 20.44 of the Carlsbad Municipal Cc
5) Approval of this request shall not excuse compliance r sections of the Zoning Ordinance and all other applic;
ordinances in effect at time of building permit issuar
6) Water shall be provided by the city of Carlsbad unles: other arrangement is approved by the City Council,
4)
Land Use Planniq Office I
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17) The applicant shall prepare a detailed landscape and
plan which shall be submitted to and approved by the
Planning Manager prior to the issuance of building pe
8) All landscaped areas shall be maintained in a healthy thriving condition, free from weeds, trash, and debri
9) Any signs proposed for this development shall be desi conformance with the city's Sign Ordinance and shall review and approval of the Land Use Planning Manager installation of such signs.
All roof appurtenances, including air conditioners, s architecturally integrated and shielded from view and
buffered froin adjacent properties and streets to the
satisfaction of the Land Use Planning Manager and Bui Planning Director.
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11) Approval of SDP 83-5 is granted subject to approval oJ
Plan Amendment 69(B) and Zone Change 277.
12) At least 25% of the units shall be made available to ] families of low or moderate income as defined by Sect:
of State Health and Safety Code,
13) The trash enclosure shall be relocated so it does not
into the frontyard or street sideyard setback.
14) The project shall not convert to condominiums unless t requirements of Title 21, Section 21.45 are complied 7
their entirety.
15) The applicant shall prepare an agreement to ensure tht availability of units for persons of low and moderate
satisfactory to the City Attorney prior to the matter scheduled €or hearing by the City Council,
Engineering
16) The developer shall obtain a grading permit prior to 1 commencement of any clearing or grading of the site.
17) The grading for this project is defined as "regular g* Section 11.06.170(a) of the Carlsbad Municipal Code.
developer shall submit a grading plan for approval wh include all required drainage structures and any requ erosion control measures. The developer shall also SI soils, geologic or compaction reports if required and comply with all provisions of Chapter 11.05 of the Cai Municipal Code.
18) No grading shall occur outside the limits of the subd. unless a letter of permission is obtained from the OWI
the affected properties.
19) Additional drainage easements and drainage structures
provided or installed as may be required by the Count:
Department of Sanitation and Flood Control or the Cit: neer.
20) The developer shall comply with all the rules, regula
design requirements of the respective sewer and water regarding services to the project.
21) The design of all private streets and drainage system
approved by the City Engineer prior to approval of bu:
permits. The structural section of all private streel conform to City of Carlsbad Standards based on R-valut
All private streets and drainage systems shall be ins] the city, and the standard improvement plan check and inspection fees shall be paid prior to approval of bu
permits.
PC RES0 NO. 2137 -4-
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22) All private driveways shall be kept clear of parked ve all times, and shall have posted "Nu Parking/Fire Lane Zone" pursuant to Section 17.04.040, Carlsbad Municipa
23) The parking as shown on Exhibit "C", dated May 6, 1983
specifically not approved. Parking space nos. 16, 25, shall be deleted. The support posts adjacent to the s edge of spaces 25 and 37 shall be relocated to provide
adequate circulation as determined by the City Enginee
24) The driveway shall have a maximum slope of 10% with a
4% transition at Oak Avenue within 10 feet of the City of -way .
Fire
25) Prior to the issuance of building permits, complete bc plans shall be submitted to and approved by the Fire Department.
26) Additional public and/or on site fire hydrants shall t
quired if deemed necessary by the Fire Marshall.
27) The applicant shall submit two (2) copies of a site pl
showing locations of existing and proposed fire hydrar site roads and drives subject to the approval of the E Marshall. -
28) All required fire hydrants, water mains and appurtenar
be operational prior to combustible building materials
located on the project site.
29) Proposed security gate systems shall be provided with
key operated override switch, as specified by the Fir<
partment .
30) All fire alarm systems, fire hydrants, extinguishing I
automatic sprinklers, and other systems pertinent to 1 project shall be submitted to the Fire Department for
prior to construction.
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PASSED, APPROVED AND ADOPTED at a regular meeting
Planning Commission of the city of Carlsbad, California, he
8th day of June, 1983, by the following vote, to wit:
AYES : Chairman Schlehuber, Commissioners Marcus
NOES : None.
ABSENT: Commissioner Farrow.
ABSTAIN : None.
Rombotis, Jose, Friestedt and Rawlins,
CLARENCE SCBLEHUBER, Chairn
CARLSBAD PLANNING COMMISSIC
ATTEST:
Land Use Planning Manager ..
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PC RES0 NO. 2137 -6-
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-plication Submittal I: a April 8, 1983 . .a , 1’
STAFF REPORT *h
DATE : June 8, 1983
TO: Planning Commission
FROM: Land Use Planning Office
SUBJECT: GPA-69(B)/ZC-277/SDP 83-5 - ZIMMERNAN/CHANDLER - A request to amend the Land Use Element of the General
Plan, a Zone Change and approval of a Site Development
Plan for a .59 acre parcel at the southeast corner of
Karding Street and Oak Avenue.
1. RECONMENDATION
It is recommended that the Planning Commission approve the
Negative Declaration issued by the Land Use Planning Manager and adopt Resolution no. 2137, approving SDP 83-5 and Resolutions
nos. 2135 and 2136, recommending approval of GPA.-69(B) and ZC-277 to the City Council based on the findings and subject to the conditions contained therein.
11. PROJECT DESCRIPTION
The applicant is requesting approval of three applicatioas:
1) An amendment of the Land Use Element of the General Plan
from Residential Medium-High Density (10-20 du/ac) to Residential Very High (30-40 du/ac) ; and
2) A zone change from R-3 (Multiple Family Residential) to RD-H (Residential Density-High); and
A Site Development Plan for a 24 unit apartment project. 3)
The property is .59 acres in size and located at the southeast
corner of Harding Street and Oak Avenue.
As t.he Commission is aware, the Land Use Element of the General
Plan can only be amended three times a year. A recent amendment to State Planning Law, however, exempts residential developments
that have at least 25 percent low or moderate income units (see
attachment). The applicant has provided an agreement and monitoring program to assure that at least 25 percent of the
units will be available to persons and families of low or
moderate income. -
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The proposed project will consist of 12 one bedroom and 12 two
bedroom apartments. All of the parking for the project will be
provided in an underground parking garage. Each unit will have a private patio or deck. provided in the central portion of the project with a jacuzzi, wet bar, and barbeque area. The applicant has indicated to staff that he intends to apply for a condominium conversion permit at a future date.
I11 e ANALYSIS
Planning Issues - GPA-69 (B)
1) Is the proposed land use amendment to Residential Very High
2) Would the proposed general plan amendment adversely impact
Discussion
Staff feels the proposed general plan amendment from Residential Medium-High (10-20 du/ac) to Residential Very High (30-40 du/ac) is an appropriate use for this site. One of the purposes of the
RVA general plan designation is to encourage higher densities where they are appropriate, such as adjacent to the commercial core and in the downtown area. Another of the purposes is to encourage low and moderate income rental units, The proposed project complies with both of these goals, it is immediately adjacent to downtown Carlsbad and at least 25% of the units will be available to persons and families of low or moderate income,
Staff believes the proposed general plan amendment will not adversely impact the surrounding neighborhood. Traffic generated by the development plan being processed concurrently with this general plan should not adversely effect the adjacent street system. Harding Street has an 80' right-of-way and Oak Avenue has a 60' right-of-way, yet carries relatively little
traffic. The property to the north of this site is occupied by office uses, The properties on the other three sides of the
subject property are occupied by older single family residences
which will most likely be replaced by multiple family residences in the future.
Planning Issues -' 2C-277
1. Is the proposed RD-H zone consistent with the RVH general
2. Is the proposed RD-H zone and uses zllowed within this zone
A common recreation area will be
density an appropriate designation for the site?
the surrounding properties?
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plan designation?
consistent with surrounding zoning and land uses?
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Discuss ion
Residential Density High (RDH) is the implementing zone for the
RVH general plan designation, therefore, the requested zone
change would be consistent with the proposed general plan designation, As discussed in the previous paragraph, staff believes that the uses allowed within this zone will be consistent with surround- ing zoning and land uses,
Planning Issues - SDP 83-5
1. Is the site adequate in size and shape to accommodate the
proposed use?
Discussion - SDP 83-5
As proposed, staff does not feel the site is adequate in size to accommodate the proposed project. The subject property has an area of .59 acres and the applicant is proposing to construct 24
units. This would resillt in a density of 40.6 du/ac, which would exceed the requested general plan designation of RVH (30 - 40 du/ac). Staff cannot recommend approval of a project’that
exceeds the density allowed by the general plan. Staff has
atided a condition that the number of units be reduced to 23
which would result in a density of 38.9 du/ac,
At 38.9 du/ac, the project would be at the high end of the 30-40 du/ac range designated for the site. Staff can support this
density because the project exceeds all requirements for an
aparement .project and provides greater open space by locating parking underground. Also, the project is providing 25% low and
moderate cost housing and is located near the central core of the
P
City.
The Commission should note that the proposed project does not comply with the recreation, parking and storage requirements of
the Planned Development Ordinance. Staff would not recommend approval of any future application €or a condominium conversion for this project if these standards are not met,
In summary, staff feels the proposed general plan amendment and zone change are appropriate for the site and will not adversely effect adjacent properties. With the deletion of one unit, the site is adequate in size and shape to accommodate an apartment project. Staff therefore, recommends approval of GPA-69(B)/ZC- 277 and SDF 83-5.
111. ENVIRONMENTAL REVIEW
The Land Use Planning Manager has determined that this project will not have a significant impact on the environment and
therefore, has issued a Negative Declaration on May 15, 1983,
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ATTACHMENTS
1. PC Resolution Nos. 2135, 2136 and 2137
2. Location Map
3. Background Data Sheet
4. Disclosure Statement
5. Section 65361 of the Government Code
6. Agreement from the applicant dated 7. Environmental Documents
8. Reduced Exhibit "X"
9. Exhibits "A" - nE", dated May 6, 1983
MH/ar
5/27/83
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BACKGFWKB DATA smm -
CAS!?, NO: GPA-69(b)/ZC-277/SDP 83-5
APPLICANT: ZIi?'iMERMAN/CHRh'DLER
EQUEST AND LOCATION: General Plan Amendtment/Zone Change/Site Developnent
Plan for a 24 unit apartment project at the southeast corner of Hafding Street
and Oak kveiiue.
LEGAL DESCRIPTION: That prtion of Lot 1, Subdivision of Tracts 114 and 120 at
Carlsbad Mds per Rap Ho. 1744, filed Januaq7 3, 1923.
APN: 204-040-01
&res .59 Propsed No. of Lots/Units 24
GENERAL PIAN AND ZONING
Land Use &signation Rrn
Demity A1~.owed 10-20 mnsity Froposed 40
Existing Zone - R-3 Props& Zone RD-H
Surrounding Zoning and Land Use:
Zoning Land Use
SFD -- Site R-3
North R-P Off ice
South R-3 SED
East R-3 SFD
West R-3 SED
PUBLIC FACILITIES
School District Carl sbad Water Carlsbad Sewer Carlsbad EDU's ---
Public Facilities Fee Agreemmt, dated April 5, 1983
ENVIFFJNvlENJ'AL IIWACT ASSESSMENT
- X Negative Eeclaration, issued
E.I.R. Certified, dated
-
May 25, 1983
I
Other ,
ern.
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'. '. By Donald A: Agatep
4 - _I.- -.- *, - Agt.iiL, C).rncz, l';lrcn..?c .. r.
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SECTION 65361 OF THE CALIFORNIA GOVERNMENT CODE
S 65361. Plan Amendments (a) Except as provided in subdivision (b), no
mandatory element of a general plan shall be amended more
frequently than three tines during any calendar year, which amendment or amendments may occur at any time as determined by
the legi~l~ative body.
general plan element requested and necessary for a single
development of residential units, at least 25 percent of which
will be occupied by or available to persons and families of low or moderate income, as defined by Section 50093 of the Health and Safety Code. The specified percentage of low or moderate-
income housing may be developed on the same site as the other residential units proposed for developnent, or on another 'site or sites encompassed by the general plan, in which case the
combined total number of residential units shall be 'considered a single development proposal.
(b) This section does not apply to amendment of any
This section does not apply to the adoption of any element to the general plan or to the amendment of the general plan, or an element thereof, in order to comply with a court
decision pursuant to Article 14 (commencing with Section 65750).
o,*ns ,- ,m I _____ al-..@s56'/ /liil 4 116~!uue1d/=dn~ tq~&j
133kiJ.S SIWEUHWM -v.l-v 32~0-t~ .rIusmM I
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Assessors Parcel No.: 1 1 1 1 1 1 1
RECORDING REQUESTED BY:
WHEN RECORDED MAIL TO:
City of Carlsbad
1200 Elm Avenue Carlsbad, California 92008 space above for recorder'
AGREEMENT IMPOSING RESTRICTIONS ON REAL PROPERTY
da3 This agreement is made and entered into this
-0 € , 1983 by and between the City of
Carlsbad, California, a municipal corporation, hereinafter
referred to as "Carlsbad" and Normandy Pacific Corporation, a
California corporation, hereinafter referred to as "applicant."
RECITALS
A. Applicant is the owner of certain real property
generally located at Oak Avenue and Harding Street in the City
of Carlsbad, County of San Diego, State of California more
particularly described on Exhibit A attached hereto and
incorporated by this reference.
B, Applicant has filed an application for a General
Plan Amendment from R-H to R-VH (GPA-69(8)), a zone change from
R-3 to RD-H (ZCA-227) and a site development plan for a 24 unit
Page 1 of t
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apartment project at a density of 40.6 dwelling units per acre
(SDP-83-5) (hereinafter referred to as "project" for the real
property referred to above). The applications are collectively
referred to hereinafter as the "application", The General Plan
Amendment is being processed pursuant to Government Code section
65361(b) at the request of Applicant to allow approval prior to
the next regularly scheduled date for General Plan Amendments,
A density of 40 dwelling units per acre is requested in order to
assist Carlsbad in achieving the goals established by the
Housing Element of the General Plan.
project must be available for rental for the period stated
herein. Without the rental restrictions Carlsbad would not
approve the project.
.
To achieve those goals the
C, In order to induce the City to approve the --
application and in a'desire to comply with the provisions of the
State Government Code section 65361(b) and with California
Health and Safety Code section 55093 applicant desires to
provide that twenty five percent of the dwelling units in the
project will be available to persons and families of low to
moderate income for a period of twenty years and that the
entire project be available for rental for a period of ten
years ..
D, 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 to
ensure that the project will be available for rental for the tim
period specified in this agreement.
Page 2 of 8
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E. TO ensure the availability as specified in recital
D, the Planning Commission of the City of Carlsbad has
conditioned approval of the application upon the execution of
this agreement. Without that condition the Planning Commission
would have been unwilling to grant approval of the application.
F. In order to ensure the continued availability of
this project as a rental project and the continued availability
of twenty five percent of the units for persons and families of
low and moderate income the City Council of the City of Carlsbad
has required execution of this agreement concurrently with their
approval of the application,
agreement the City Council would be unwilling to grant approval
of the application.
Without the execution of this
NOW, THEREFORE, in consideration of the recitals -and of
Carlsbad's approval of the application and of the benefit
conferred thereby upon the subject real property and the
applicaton 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 100% 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.
Page 3 of 8
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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 upan the size of the restricted unit, Established rents
shall he 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 ten years from the date of
issuance of the certificate of occupancy for the project all
units in the project shall be available for rental. If applican
desires to convert the project from a rental project to any type
of ownership project including but not limited to a condominium
or stock cooperative project, that applicant may submit an
Page 4 of 8
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application for such conversion at any time during the ten year
period.
shall be subject to a condition that for the remainder of the tei
year period for rental the applicant shall not convey individual
units in the project. Upon the termination of the ten year
period the applicant may convey individual units except that
twenty five percent of the total units shall not be individually
conveyed until expiration of twenty years from the date of
construction of the project. During the twenty year period
twenty five percent of the units shall be restricted units as
specified in section 2.b. of this agreement. A note outlining
the restrictions of this agreement shall be included on the fina
map for any conversion.
Approval or conditional approval of such conversion
b. That for a period of twenty years from the date
of occupancy of the project twenty five percent of the 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,
c. The design and exterior appearance of the
reserved 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.
Page 5 of 8
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The reserved 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 percentacre of the total number of
nonreserved units being constructed in that phase.
d. Applicant shall keep rental data for restricted
units arid qualified persons or families and shall submit annual
)j rental data for the restricted units and qualified persons or
families occupying the units to the Carlsbad Director of Buildin
and Planning and the Housing Authority. At any time during the
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: Normandy Pacific
Attn: Eonald A. Agatep
2956 Roosevelt Street
P. 0. Box 590 Carlsbad, California 92008
To Carlsbad: Attn: Director of Building and P1z
1200 Elm Avenue
Carlsbad, California 92008
Paue 6 of 8
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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.
8. This agreement shall remain in full force and effeci
for twenty years from the issuance of the cerfiticate 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
Authorilly of the availability of any restricted units, The
Carlsbad Housing Authority may refer prospective tenants to
applicant. All prospective tenants shall be qualified by the
Housing Authority. The applicant shall rent restricted units
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.
Page 7 of 8
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m
CITY OF CARLSBAD
By :
NORMANDY PACIFIC CORPORATION
By :
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Page 8 of 8
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' Carlibad Journal
Decreed a Legal Newspaper by the Superior Court of Son Diego County
31 38 ROOSEVELT ST. P.0 BOX 248 CARLSBAD, CA 92008 0 729-2345
Proof of Pub I ica t ion
STATE OF CALIFORNIA, ss
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the county aforesaid;
I am over the age of eighteen years, and not a party to or interested in the above entitled mal
I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circuic
published twice weekly in the City of Carlsbad, County of Sun Diego, State of California, and L
newspaper is published for the dissemination of local news and intelligence of a general character
which newspaper at all times herein mentioned had and still has a bona fide subscription list of PC
subscribers, and which newspaper has been established and published at regular intervals in the
City of Carlsbad, County of Sun Diego, State of California, for a period exceeding one
next preceding the date of publication o
notice hereinafter referred to; and that the n
of which the annexed is a printed copy, has
published in each regular and entire issue of
newspaper and not in any supplement there
the following dates, to-wit:
-- __
NOTICE OF PUBLIC H ARING GPA8Q(~~fWSD~ 83-5
NOTICE Is HEREBY GlvEN that the city Council ofthe city ofcarls- bad will hold a public hearing at the city Council Chambers. 1200 Elm Avenue, Carlsbad, California. at 6OOP.M. on Tuesday, July 5,1983. to consider an application for a General Plan Amendment, Zone
Change and Site Development Plan
property generally located on the southeast comer of Harding Street
for a 24 unit apartment project on
and Oak Avenue and more particu-
'a~~~~~~~o~t 1, SuMi,.ision of mcb 114 and 120 of Carlsbad Lands perMap NO. 1744, filed Janu-
~~~$a~~ ZimmermanEhandler CARLSBAD CITY COUNCIL ...................... June. 25.. 19
................................. 19
................................. 19
................................. 19
................................. 19
AVENUE
I certify under penalty of perjury that the foregoing i
and correct. Executed at Carlsbad, County of San I
State of California on the 7_,t.h c -,
day of UULIL Ti~nn 1 % P.QX ,u, -
11 P I .#
i
w ,3- I aL
/ PDTICE OF PUBLIC HEFIRIXG
%"ICE IS HEEEX GIVEN that the Planning Camission of the City of Carls'md wil
hold a public :?exring at the City Council Cnmbers, 1200 Elm Avenue, Carls'cad,
California, at 7:PA p.m. on Wdnesday, June 8, 1993, to consider approval of a
General Plar; &xrx3neiit, Zone Change and Site Developmat Plan for a 24 unit amrtment pm-je% on property generally locate3 on the southeast comer of
Harding Strzet cd Oak Avenue and mre particularly described as:
That p:*ion of -at 1, Susvision of TracLs 114
&ad. 123 of Carlsbad Lands per Nap KO. 1744 filed January 3,
11323.
Those persors wishing to speak on this proLcsal are cGrdially invited to atterit
the public hearing. If you have arty questims please call the Land Use Plannir
Office at 438-5591.
277 CASE FILE: GE'A-69 (B) /ZC-2-7-8/SDP 83-5
APPLICANT : Zirmnerman/Chandler
PUELISH : May 28, 1983
CITY OF cAIu;sE3AD PLANNIEG CMSSION
13- -I'LL. a LVLL~. n, US.LL~=L IU, LcLLIaUaU UlYUll UlULbll w LJ LVYL~LL riwct:
* Carlsbad, Ca. 92008 Carlsbad, Ca. 92008 Carlsbzid, Ca,
3166 Hwrding St 2435 Mark Circle 0 1 3175 HzcSng Stret
204-032-02 tlu?3 04 204-040-03 - 204-040-19
20 Carlsbad Union Church .2 Mr & Mrs B. LQ-ZZ 14 F. & M. Thcarpsc thru3175 Harding Street 931 Oak Avenue 1140 Eherald Si
22 Carlsbad, Ca, 92008 Carlsbad, Ca. 92008 San Diego, Ca.
203-352-0Y LiUU 10 204-040-04 thru 05 . 204-040-20
23 ~i~k m+eerisg & ~ev. 3 JuneCarter 15 Mr & VIS E. Pic thru5620 Friars Road thru 802 N. EMy 101 . 906 Pine Avenu
24 San Diego, Ca. 92110 4 Leucadia, Ca. 92024 - Carlsbad, Ca.
203-352-11 204-040-06 204-040-26
25 Mr & Mrs R. Barker 5 Frank Tbrpson 34 -Mr & -MKS JCE 3
2435 Xark Circle 647 C&o De I;os .&ires 2622 Rmsevelt Carlsbad, Ca, 92008 San Clenwte, Ca, Carlsbad, Ca.
203-352-12 204-040-12
26 City of Carlsbad 6 Mr&MrsG~~kken
1022 Pine Ave.
Carlsbad, Ca. 92008
20 3-35 2-1.3 204-040-13
27 Mr & -nlrs D Gastellun 7 FIr & Mrs F. Battermn
323 Hill Drive 998 Pine &Tie'::".:
Vista, Ca. 92083 Carlsbad, Ca. 92008 r-
203-353-05 tkru 07 204-040-14
28 City of Carlsbad 8 Mr&-WsGAnson thru 982 Pine Avenue 30 Carlsbad, Ca. 92008
203-353-04 204-040-15 31 Alan K. Jacobs 9 I~uisDyche 3044 Hardhg Street
Carlsbad, Ca. 92008 Carlsbad, Ca. 92008
P.O. Box 187
203-328-28 p 19 204-040-16 32 Pk & Plrs XCTO 10 Maretta Bobner thru 1942 S. Pacific St. 952 Pine Ave. 33 kernside, Ca. 92054 Carlsbad, Ca. 92008
0.2-0 2-09 204-040-24 17 I% ti drs L. P.lcKinney 11 Mr & ms P ViI.&fg&& 855 Oak Avenm
Carlsbad, Ca, 92008 Carlsbad, Ca. 92008
938 Pine Avenue
04-0 2-1 204-040-23 16 i& & As 8 Johnson 12 Tanya Ayers 1816 Rubenstein 3156 Hardhg St. Cardiff, Ca. 92007 Carlsbad, Ca. 92008
r