HomeMy WebLinkAbout1983-08-02; City Council; 7437-1; GENERAL PLAN AMENDMENT, ZONE CHANGE AND SITE DEVELOPMENT PLAN FOR 24 UNIT APARTMENT - ZIMMERMAN|CHANDLERf
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. ' CITIWF CARLSBAD - AGEND~ILL
AB# 7437-1 TITLE: GENEPAL PLAN AiYENDMENT, ZONE CHAPJGE DEPT. '
AND SITE DEVELOPIENT PL,W FOR 24 UNITclnA 8/2/83 APARTbENT - ZIMJ5ERFLAN/CHANDLER .MTG.
DEPT. CA GPA-69 (B)/ZC-277/SDP 83-5 CITY N
RECOMMENDED ACTION:
If the City Council wishes to approve a general plan amendment, zone change, site development plan and agreement imposing restrictions on property all for a 24 unit low and moderate inc
housing project your action is to adopt Resolution No. -73i/
NO. T31z and No. 7-3ja * and introduce Ordinance
No. Vh7b i
ITEM EXPLANATION
The City Council at your meeting of July 5, 1983 directed the C
Attorney to prepare documents approving a general plan amendmen
(GPA-69(B)), zone change ZC-277, site development plan SDP 83-5 an agreement imposing restrictions on real property all for a 2 unit low and moderate income apartment project. The documents been prepared as directed in accordance with Planning Commissic
Resolutions No, 2135, 2136 and 2137 with the following changes:
1. The zone change ordinance has conditions added to provid that if the project is not constructed within two years the zoning will revert to R-3.
2. Condition requiring a view obscuring fence on the east s
of the property has been added to the site development plan.
3, A condition has been added to the site development plan
the project may not be converted without meeting the standar in effect at the time of the conversion.
EXHIBITS
Resolution No. 7 ,- 3 i / (GPA-69(B)) Resolution No. 7.7 iL (SDP 83-5)
Resolution No.
for Ordinance No. 76 96 (ZC-277)
7 <Ti-? approving the development agreemei
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RESOLUTION NO. 7311
A RESOLUTION OF THE CITY COUNCIL OF THE CITY 0
CARLSBAD, CALIFORNIA, AMENDING THE LAND USE E EMEN'I
OF THE GENERAL PLAN TO CHANGE THE LAND USE D / SIGNA-
TIONS OF THE CITY'S GENERAL PLAN FROM RESIQENTIAL
MEDIUM HIGH (RMH) TO RESIDENTIAL VERY HIG~' (RVH) OK
PROPERTY GENERALLY LOCATED ON THE SOUTHEBST CORNER
HARDING STREET AND OAK AVENUE
GPA-69( B) . /' /
if I
WHEREAS, the Planning Commission did//on June 8, 19E
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hold a duly noticed public hearing as presckibed by law to
consider an amendment to the Land Use Elfdent of the General
,!
i GPA-69(B); and /
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WHEREAS, the Land Use Plann%hg Manager and the Plar
Commission have determined that thd amendment will not have
significant impacts on the environment and a Negative Declar
dated May 16, 1983, has been pr'epared, filed and approved bq
the Planning Commission, on. Ju'ne 6, 1983, in satisfaction of
requirements of the Ci of Carlsbad Environmental Protectic
Ordinance of 1980 and th&' California Environmental Quality I
and
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I WHEREAS, the City Council did on July 5, 1983 hold
a duly advertised Gublic hearing to consider said amendment
at said time rekived the recommendations, objections, protc
and comments oi all interested persons desiring to be heard;
WHEREAS, this amendment is being processed pursuant
Government!Code Section 65361(b) as a low income housing pr<
pursuan>t to an agreement imposing restrictions on real propt
with ),the applicant Normandy Pacific Corporation; and
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WHEREAS, the City Council has directed the City
Attorney to prepare documents to approve this amendment
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NOW, THEREFORE, BE IT RESOLVED by the City Council
the City of Carlsbad, California as follows:
A. That the above recitations are true and correc.
B. That the findings of the Planning Commission a!
forth in Planning Commission Resolution No. 2135 (GPA-69(B)
constitute the findings of the City Council.
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C. That the Land Use Element of the General Plan
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amended as follows:
1. GPA-69(B) : Change the land use element
designation from residential medium high (RMH) to residenti
very high (RVH) for property generally located on the south
corner of Harding Street and Oak Avenue as shown on the map
marked Exhibit X, dated May 20, 1983 attached hereto and ma(
part hereof.
PASSED, APPROVED AND ADOPTED at a regular meeting
Carlsbad City Council held on the day of
by the following vote, to wit:
AYES :
NOES :
ABSENT:
MARY H. CASLER, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
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RESOLUTION NO, 7312
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS
A SITE DEVELOPMENT PLAN 83-5 FOR A 24 UNIT
APARTMENT PROJECT CONTAINING A MINIMUM OF 25%
LOW AND MODERATE INCOME UNITS ON PROPERTY
GENERALLY LOCATED ON THE SOUTH EAST CORNER OF
HARDING STREET AND OAK AVENUE.
SDP 83-5/NORMANDY PACIFIC, CORP.
W REAS on June 8, 1983, the Carlsbad Planning
Commission ad ted Resolution No. 2137 approving SDP 83-5; E
WHEREA the City Council of the City of Carlsbad,
July 5, 1983 held public h aring to consider the
recommendations and h ard ail persons interested in or oppo~
Site Development \\ Plan N x: 83-5; /I and
WHEREAS, the Land Use PAanning Manager and the Plar x, \ Commission have determined thTt th,e amendment will not have
significant impacts on the envirLonment and a Negative Declar
dated May 16, 1983 has been prepart$/,’ filed and approved by
Planning Commission on June 6, 1983 Lul satisfaction of the
requirements of the City of Carlsbad Edvironmental Protectic
Ordinance of 1980 and the California EnvAonmental Quality P
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NOW, THEREFORE, BE IT RESOLVED by the City Council \
the City of Carlsbad, California as follows: ‘x\.%,,
A. That the above recitations are true and correct
B. That the findings of the Planning Commi sion ir \your \\
Resolution No. 2137 constitute the findings of the Cit
in this matter, ‘\
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C. That Site Development Plan No. 83-5 together wl
the provisions for its design and improvement and subject tc
conditions of this resolution, is consistent with all applic
general and specific plans of the City of Carlsbad.
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D. That Site Development Plan No. 83-5 is hereby
appr-+ved subject to all applicable requirements of the Carls
Municikl Code and to the satisfaction of the conditions
contained%\in Planning Commission Resolution No, 2137, dated
8, 1983 mar\,ed Exhibit A, attached hereto and made a part he
with the addih,on of the following conditions:
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"31. ?'lye applicant shall construct a view obscurir
fence onckhe east property line to the satisfactior
the Land b5e Planning manager prior to occupancy of
building,
"32. The project as contemplated does not comply ~n all of the applicable standards for a condominium project. The applicant has been fully advised of t
fact. If after satisfying the restrictions of the
agreement between the City and the applicant, Norma
Pacific Corporation'i, imposing restrictions on real property the applicank does wish to attempt a condominium conversioh\he must satisfy all of the C
ordinance requirements 'at that time, which the Citj presently contemplates will require substantial
modifications to the projhct. The applicant has be
made aware of this fact an&has agreed to proceed c
that basis. No condominium qonversion can be made unless all of the current applicable standards are satisfied."
PASSED, APPROVED AND ADOPTED at a regular meeting c
the City Council of the City of Carlsbad, California, held c
the day of , 1983'. by the follc
vote, to wit:
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AYES: \
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ABSENT:
MARY H. CASLER, Mayor
ATTEST :
ALETHA L. RAUTENKRANZ, City Clerk
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Resolution N
PLANNING COMMISSION RESOLUTION NO, 2137
A RESOLUTION OF THE PLANNING COMPIISSION 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 SOUTI-IEA
CORNER OF HARDING STREET AND OAK AVENUE.
APPLICANT: ZIMMERiiAN/CHANDLER .
CASE NO: SDP 83-5
WEREAS, 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, p'uxsuant 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 114 an
Carlsbad lands per Map No. 1744 filed January 3, 7
WHEREAS, at said hearing, upon hearing and consid2
testimony and arguments, if any, of all persons desiring to
heard, said Commission considered all factors relating to S
Development Plan No. 83-5,
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planr;
Commission of the City of Carlsbad as follows: i
211A) That the foregoing recitations are true and correct,
B) That based on the evidence presented at the hearing, tlr Cormission 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 besen designated €or very high density resj
development by the Land Use Elem'ent of the General Plar
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EXHI. 0
2) The site is physically suitable for the type and densit
development since the site is adequate in size and shap
accoxmodate the proposed residential development as sta
the staff report,
3) The project is consistent with all city public facilit icies and ordinances since:
a) The Planning Commission has, by inclusion of an ay: condition to this project, insured that the final 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 Engi
determines that sewer service is available, and bL cannot occur within the project unless sewer servi remains available, and the Planning Commission is
that the requirements of the public facilities el€
the General Plan have been met insofar as they apg 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,
c) Park-in-lieu fees'are required as a condition of E
d) All necessary public improvements have been provic
will be required as conditions of approval.
e) The applicant has agreed and is required by the ir
of an appropriate condition to pay a public facilj Performance of that contract and payment of the f enable this body to find that public facilities wj
available concurrent with need as required by the
Plan.
f) Assurances have been given that adequate sewer for
4) The proposed project is compatible with the .surroundin:
uses since the properties on three sides of the silbject
property have been designated for or developed with mu1
family residences.
5) This project will not cause any significant environmer impacts and a Negative Declaration has been issued by
Use Planning Manager on March 25, 1983 and approved bj
Planning CommissiGn on June 8, 1983,
The praposed project will provide 'low and moderate incc
rental housing as defined by Section 50093 of the Stat<
and Safety Code.
project will be provided by the city of Carlsbad,
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PC RES0 NO. 2137 -2-
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Conditions :
1) Approval is granted for SDP 83-5r as shown on Exhibit(
1% E 8) , 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 tk. building permits will not be issued for development of
subject property unless the City Engineer determines t facilities are available at the tine of application fc
sewer permits and will continue to be available until
occupancy.
3) This project is approved upon the express condition tl applicant shall pay a public facilities fee as requirc
Council Policy No. 17, dated April 2, 1982, on file w: City Clerk and incorporated herein by reference, and i to the agreement executed by the applicant €or payment
fee, a copy of that agreement; dated April 5, 1983, i:
said fee is not paid as promised, this application wi:
consistent with the General Plan and approval for thi:
shall be void,
The applicant shall pay park-in-lieu fees to the'. city required by Chapter 20.44 of the Carlsbad Municipal Cc
5) Approval of this request shall not excuse compliance 1 sections of the Zoning Ordinance and all other applic$ ordinances in effect at time of building permit issuai .
6) Water shall be provided by the city of Carlsbad unles
with the City Clerk and incorporated herein by referer
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other arrangement is approved by the City Council,
Land Use Planning Office I I IS) 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 dehri
9) Any signs proposed for this devexopment 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,
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IO) All roof appurtenances, including air conditioners, s
architecturally integrated and shielded from view and
satisfaction of the Land Use Planning Manager and Bui
PPanning Dlrec tor . .buffered from adjacent properties and streets to the
PC RES0 NO. 2137 -3-
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17) Approval of SDP 83-5 is granted subject to approval o
Plan Amendment 69(B) and Zone Change 277.
12) At least 25% of the units.shal1 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.
The project shall not convert to condominiums unless
requirements of Title 21f Section 21-45 are complied
their entirety.
.14)
15) The applicant shall prepare an agreement to ensure th
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
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 ap2roval wh
include all required drainage structures and any requ erosion control measures, The developer shall also s soilsr geologic or compaction reports if required and
comply with all provisions of Chapter It-OS of the Ca
Municipal Code,
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18) No grading shall occur outside the limits of the subd
unless a letter of permission is obtained from the oh
the affected properties,
19) Additional drainage easenents 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 systero approved by the City Engineer prior to approval of bil
permits, The structural section of all private stree conform to City of Carlsbad Standards based on R-valu
All private s_treets 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.
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22) All private driveways shall be kept clear of parked ve
all times, and shall have posted "NO Parking/Fire Lane Zone" pursuant to Section 77.04.040, Carlsbad Municipa
23) The parking as shown on Exhibit IIC", dated May 6, 1981 specifically not approved. Parking space nos. 16, 25,
shall be deleted. The support posts adjacent to the E
edge of spaces 25 and 37 shall be relocated to provide
adequate circulation as determined by the City Engine€
'24) The driveway shall have a maximum slope of IO$ with a
4% transition at Oak Avenue within IO feet of the Cit!
of -way .
Fire
25) Prior to the issuance of building permits, complete bi
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plans shall be submitted to and approved by the Fire
Department.
Additional puglic and/or on site fire hydrants shall 1
quired if deemed necessary by.the Fire Marshall,
27) The applicant shall submit two (2) copies of a site p
showing locations of existing and proposed fire hydra] site roads and drives subject to the approval of the : Marshall.
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28) All required fire hydrants, water mains and appurtena
be operational prior to combustible building material
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 automatic sprinklers, and other systems pertinent to
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, h(
8th day of June, 1983, by the following vote, to wit:
AYES : Chairman Schlehuber, Commissioners Marcua
NOES : None
ABSENT: Commissioner Farrow.
ABSTAIN : None.
Rombotis, Jose, Friestedt and Rawlins.
CLARENCE SCHLEHUBER, Chair
CARLSBAD PLANNING COMMISSI
ATTEST:
44h.i!dv 1 i ZPIIL I r2.3 ' R,
h
MICHAEL J,
Land Use Planning Manager .-*_
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PC RES0 NO. 2137 -6-
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RECORDING 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':
AGREEMENT IMPOSING RESTRICTIONS ON REAL PROPERTY
This agreement is made and entered into this 2nd day
of August , 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 purchaser of certain real property
generally located at Oak Avenue and Harding Street in the City c
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 PI
Amendment from 2-R to R-VH (GPA-69(8)), a zone change from It-3 t
RD-H (ZCA-227) and a site dev2lopnent plan for a 24 unit
Page 1 of 1
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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 sectior
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 tc
assist Carlsbad in achieving the goals established by the
Housing Element of the General Plan. To achieve those goals thc
project must be available for rental for the period stated
herein. Without the rental restrictions Carlsbad would not
approve the project,
C. In order to induce the City to approve the
application and in a desire to comply with the provisions of tht
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 wili 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 th
project for persons or families of low or moderate income and t
ensure that the project will be available for rental for the ti
period specified in this agreement.
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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.
E'. In order to ensure the continued availability of
this project as a rental project and the continued availability
of twefity 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 aqreement concurrently with their
approval of the application. Without the execution of this
agreement the City Council would be unwilling to grant approval
of the application.
NOW, THEREFORE, in consideration ef 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 iil this agreement they shall have the meaning
established by this section.
a. "Qualified Person or Family" or "Person or
Family of Low sr 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.
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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 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 householc
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 Eousing and 'Jrban Development are discontinue(
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, Eestrictions on the Project
a. That for a period of ten years from the date o
issuance of the certificate of occupancy for the project all
units in the project shall be available for rental. If applica
desires to convsrt the project from a rental project to any typ
of ownership project including but not limited to a condominium
or stock cooperative project, that applicant may submit an
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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 te
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 fin;
map for any conversion.
Approval or conditional approval of such conversion
b. That for a period of twenty years from the datc
of occupancy of the project twenty five percent of the total
dwelling units constructed shall be made available for rental tc
qualiEied persons or families.
rented at an established rent. Established rents shall be
deterinined annually by the Carlsbad Director of Building and
Planning.
Each restricted unit shall be
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 nonreserve
units D
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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 percentage of the total number of
nonreserved units being constructed in that phase.
d. 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 Buildir
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: Donald A. Agatep
2956 Roosevelt Street
P. 0. Box 590 Carlsbad, California 92008
To Carlsbad: Attn: Director of Building and P1( 1200 Elm Avenue
Carlsbad, California 92008
Page 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 effec
for twenty years from the issuance of the cerfiticate of
occupaficy for the project unless smner cancelled by th2 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, 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 E
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CITY OF CARLSBAD
By :
NORMANDY PACIFIC CORPORATION
By :
Page 8 of 8
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RESOLUTION NO. 7313
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING A DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF CARLSBAD AND
NORMANDY PACIFIC IMPOSING RESTRICTIONS ON REAL
PROPERTY FOR A 24 UNIT LOW AND MODERATE INCOME
HOUSING PROJECT, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT.
WHEREAS, the City of Carlsbad and Normandy Pacific,
Corporation have reached an agreement regarding restriction:
imposed on the development of a 24 unit low and moderate inc
housing project
NOW, THEREFORE, BE IT RESOLVED by the City Council
the City of Carlsbad as follows:
1. That certain agreement between the City of Carl
and Normandy Pacific, Corp. imposing restrictions on the
development of a 24 unit low and moderate income housing prc
marked Exhibit "A" and made a part hereof, is hereby approvt
2. That the Mayor of the City of Carlsbad is heret
authorized and directed to execute said agreement for and 01
behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting (
the City Council of the City of Carlsbad, California, held (
the day of , 1983, by the following vote
wit:
AYES :
NOES :
ABSENT:
MARY H. CASLER, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
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ORDINANCE NO. 9696
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF
THE CARLSBAD MUNICIPAL CODE BY AMENDING THE
ZONING MAP TO GRANT A CHANGE OF ZONE (ZC-277)
FROM MULTIPLE FAMILY RESIDENTIAL (R-3) TO
RESIDENTIAL DENSITY HIGH (RD-H) ON PROPERTY
'.. GENERALLY LOCATED ON THE SOUTH EAST CORNER
',\X OF HARDING STREET AND OAK AVENUE.
IAPPLICANT: ZIMMERMAN/CHANDLER
C?WSE NO.: 2C-277
k
\ The City Council of the City of Carlsbad, Californi
ordain as folloQs: d
SECTION 1; TitlR' 21 of the Carlsbad Municipal Code
amended by the amendmen# of the zoning map to grant a zone c
(ZC-277) from multipleyfami&.y residential (R-3) to residenti
density high (RD-H) on property generally located on the so1
east corner of Harding Street and Oak Avenue as shown on the
marked 2C-277 - Exhibit X, attached hereto and made a part
hereof.
,;
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SECTION 2: The findings of the Planning Commissior
their Resolution No. 2136 constitute the findings of the Cii
Council with the addition of the following finding:
"The City and the applicant for\this zone change,
Normandy Pacific Corporation, have entered into an
agreement imposing restrictions on the real proper1
which is the subject of this zone change. That agi
provides in part that 258 of the dwelling units to
constructed on this property will be 'qvailable for
persons and families of low and moderate income at
affordable rents for a period of twenty'years and '
all units on the property will be held avLailable a! rentals for a period of at least ten years'. The C
Council's determination to approve a very high den:
for this property is justified by the City'slneed
provide low and moderate income housing and would 1
have been approved but for the agreement. I'
///
///
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SECTION 3: That the conditions of the Planning
Commissio in their Resolution No. 2135 constitute the findi
the City Cou cil with the addition of the following conditio
“This Tone change shall be considered provisional.
permits are not issued for this project wi
two year of the effective date of this ordinance 3
the constkuction does not commence within a reasom
period of me and is not diligently pursued to completion, ‘\his zone change shall become null and and the zoni& map shall revert to the R-3 designat
A note of this condition’.and tpe other conditions applicable
this property shall be made’ 09 the ,- official zoning map.
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EFFECTIVE DATE: Thi$ ordinance shall be effective \: I
h. ’
days after its adoption, and the,Cicy’Clerk shall certify tc
adoption of this ordinance and cause it to be published at 1
once in the Carlsbad Journal within fifteen days after its
YTj
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adopt ion. ‘i
\ INTRODUCED AND FIRST READ at a regular meeting of
-\
day ’Qf Carlsbad City Council held on the
and thereafter
PASSED AND ADOPTED at a regular meeting o\f the Cit-
\
Council held on the day of , 1983, by
\
following vote, to wit:
AYES:
NOES :
ABSENT:
MARY H. CASLER, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
11
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