Loading...
HomeMy WebLinkAbout1983-09-20; City Council; 7503-B; Amendment to General Plan from RMH to RVHCIT\ OF CARLSBAD — AGENDA JILL MTn 9/20/83 DFPT PLN TITLE: AMENDMENT TO GENERAL PLAN FROM RMH TO RVH WITH ZONE CHANGE AND SITE DEVELOP- MENT PLAN. GPA/LU 83-5/ZC-282/SDP 83-' GARAPICH/NOGLE DEPT. HO M£$\ CITY ATTf^IES- CITY MGR. IS1 ,CO CO u Oo RECOMMENDED ACTION: The Planning Commission and staff are recommending that the City Council direct the Attorney's Office to prepare documents DENYING GPA/LU 83-5/ZC-282 and SDP 83-7. ITEM EXPLANATION The applicant is requesting approval of an amendment to the Land Use Element of the General Plan to change the designation from Medium-High Density (RMH, 10-20 du/ac) to the new Very High Density (RVH 30-40 du/ac), an accompanying zone change from R-3 to RD-H and a site development plan which is required by the RD-H zone. When the Council approved the new RVH general plan designation and RD-H zone it was made clear that these designations were to be used only in special locations to provide higher densities for areas near high employment centers, the downtown core area, or to provide affordable housing. The Planning Commission and staff had concerns that the project would not accomplish any of the three criteria. At the Planning Commission hearing the applicant indicated that they could work with staff and provide affordable rents for the proposed units. Based on this information the Planning Commission denied the project, but by minute motion, indicated that they could support the proposed request if the applicant provided affordable housing. At this time the applicant has not provided any rent information to the City. FISCAL IMPACT The applicant would provide all required improvements to the property. Also, the applicant has agreed to pay a public facilities fee to offset the costs of providing all other public services. ENVIRONMENTAL REVIEW The Land use Planning Manager issued a negative declaration for this project which was approved by the Planning Commission on August 24, 1983. EXHIBITS 1) Location Map 2) PC Resolution Nos. 2162, 2163 and 2164 3) PC Staff Report dated 8/24/83 w/attachments JEFFERSON ELEMENTARY SCHOOL -3 TO RD-H RMH TO RVH A P i n n ZG-2S2 /v RPA/I I! 83-5 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 PLANNING COMMISSION RESOLUTION NO. 2162 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN FROM 'RMH (RESIDENTIAL MEDIUM DENSITY, 10-20 DU/AC) TO RVH (RESIDENTIAL VERY HIGH DENSTIY, 30-40 DU/AC) FOR .67 ACRE ON PROPERTY GENERALLY LOCATED AT 3334 HARDING STREET ON THE EAST SIDE OF HARDING STREET BETWEEN PINE AVENUE AND CHESTNUT AVENUE. APPLICANT: GARAPICH/NOGLE & PARTNERS CASE NO.; GPA/LU 83-5 WHEREAS, a verified application for an amendment to the General Plan designation for certain property located, as shown on Exhibit "X" , dated August 24, 1983, attached and incorporated herein, have been filed with the Planning Commission; and WHEREAS, said verified applications constitute a request for amendment as provided in Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 24th day of August, 1983, hold a duly noticed public hearing as prescribed by law to consider said request; WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the General Plan Amendment. ! NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 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 is to DENY GPA/LU 83-5, as shown on Exhibit "X" , dated August 24, 1983. //// * ! </ 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 Findings: 1) The proposed project site does not have the necessary proximity to the downtown area and commercial core, established as a criteria for application of the RVH designation, as discussed in the staff report. 2) The proposed project does not ensure the availability of low and moderate income housing units, established as a criteria for application of the RVH designation, as discussed in the staff report. 3) This project will not cause any significant evironmental 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 24th day of August, 1983, by the following vote, to wit: AYES: NOES: ABSENT: Commissioner Marcus. ABSTAIN: None. Chairman Schlehuber, Commissioners Rombotis, Farrow, Lyttleton, Friestedt and Rawlins. None. CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOtiZMILOiR LAND USE PLANNING MANAGER PC RESO MO. 2162 2. 3 4 5 8 wit; 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 28 PLANNING COMMISSION RESOLUTION NO. 2163 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING A ZONE ZONE CHANGE FROM R-3 TO RD~H (RESIDENTIAL DENSITY HIGH, 30-40, DU/AC) ON .67 ACRE ON PROPERTY GENERALLY LOCATED AT 3334 HARDING STREET, ON THE EAST SIDE OF HARDING STREET BETWEEN PINE AVENUE AND CHESTNUT AVENUE. APPLICANT: GARAPICH/NOGLE & PARTNERS CASE NO; ZC-282 WHEREAS, a verified application for certain property, to Parcel B, in the City of Carlsbad, as shown on Page 499 of Parcel Maps, filed in the Office of the County Recorder, April 15, 1971, has been filed with the City of Carlsbad, and referred to the Planning Commission; and WHEREAS, said application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 24th day of August, 1983, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Change; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission DENYS ZC-282, based on the following findings: zone, as discussed in the staff report. 4 2) The proposed project dbes not ensure the availability of low 5 8 Planning Commission on August 24, 1983. 9 PASSED, APPROVED AND ADOPTED at a regular meeting of the 10 Planning Commission of the City of Carlsbad, California, held on 12 18 Findings: 1) The proposed project site does not have the necessary proximity to the downtown area and commercial core, established as a criteria for application of the RD-H and moderate income housing units, established as a criteria for application of the RD-H zone, as discussed in the staff report. 3) ' This project will not cause any significant evironmental impacts and a Negative Declaration has been issued by the Land Use Planning Manager on July 29, 1983 and approved by the the 24th day of August, 1983, by the following vote, to wit: AYES: Chairman Schlehuber, Commissioners Rombotis, Farrow, Lyttleton, Friestedt and Rawlins.NOES: None. __ ABSENT: Commissioner Marcus.J.O ABSTAIN: None. J.D 17 CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION19 ATTEST: 20 21 22 MICHAEL J. LAND USE PLANNING MANAGER 23 24 25 26 27 PC RESO NO. 2163 2. 1 PLANNING COMMISSION RESOLUTION NO. 2164 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING A SITE DEVELOPMENT PLAN NO. 83-7, TO ALLOW TWENTY TWO APARTMENT UNITS ON .67 ACRES OF PROPERTY GENERALLY LOCATED AT 3334 HARDING STREET ON THE EAST SIDE OF HARDING STREET BETWEEN PINE AVENUE AND CHESTNUT AVENUE. APPLICANT: GARAPICH/NOGLE & PARTNERS CASE NO: SDP 83-7 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, a verified application has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal code, the Planning Commission did, on the 24th day of August, 1983, consider said request on property described as:. Parcel B, in the City of Carlsbad, as shown on Page 499 of Parcel Maps, filed in the Office of the County Recorder, April 15, 1971; WHEREAS, at said hearing, upon hearing and considering all testimony- and arguments, if any, of all persons desiring to be heard, 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, the Commission DENIES SDP 83-7, based on the following findings: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 /"i f\20 21 22 23 24 25 26 27 28 Findings: 1) The proposed density of 32.8 du/ac is not consistent with the RMH density range of 10-20 du/ac specified for the site as indicated on the Land Use Element of the General Plan. 2) The proposed density qf 32.8 du/ac is not consistent with R-3 zoning established for the project site. 3) This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the . Use Planning Manager on July 29, 1983 and approved by the Planning Commission on August 24, 1983. PASSED, APPROVED AND ADOPTED at a regular meeting of Planning Commission of the City of Carlsbad, California, held the 24th day of August, 1983, by the following vote, to wit: AYES: Chairman Schlehuber, Commissioners Rombotis, Farrow, Lyttleton, Friestedt and Rawlins. NOES: None. ABSENT: Commissioner Marcus. ABSTAIN: None. CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION ATTEST: 4Axj?^1v^^£L MICHAEL J.^HOLZMI'LLER LAND USE PLANNING MANAGER i 1 PC RESO NO. 2164 2. f-' the Lan the on C™ STAFF REPORT DATE: August 5, 1983 TO: Planning Commission FROM: Land Use Planning Office SUBJECT: GPA/LU 83-5/ZC-282/SDP 83-7 - GARAPICH/NOGLE & PARTNERS Request to amend the Land Use Element of the General Plan to RVH, a Zone Change to RD-H and a Site Development Plan for 22 units at 3334 Harding Street on the east side of Harding Street between Pine Avenue and Chestnut Avenue. I. RECOMMENDATION It is recommended that the Planning Commission APPROVE the Negative Declaration issued by the Land Use Planning Manager and ADOPT Resolution Nos. 2162, 2163 and 2164, recommending DENIAL of GPA/LU 83-5, ZC-282 and SDP 83-7, based on the findings contained therein. II. PROJECT DESCRIPTION The applicant is requesting approval of an amendment to the Land Use Element of the General Plan to change the designation from RMH (Residential Medium-High, 10-20 du/ac) to RVH (Residential Very High, 30-40 du/ac), a Zone Change from R-3 to RD-H (Residential Density-High) and a Site Development Plan for 22 apartment units on .67 acres, located as described above. The subject property is currently occupied by a large, older single family residence. Existing apartment projects surround the property to the north, south and east. The Pine Avenue School is directly across Harding Street to the west. As required by the RD-H zone, the requested General Plan Amendment and Zone Change are being are being processed concurrently with a Site Development Plan for apartments. The applicant is proposing to develop 22 apartments in three buildings. The project would include fourteen two-bedroom units, six one-bedroom units and two studio apartments. The project would result in an overall density of 32.8 du/ac. III. ANALYSIS Planning Issue 1) does the project site and proposed project satisfy the criteria extablished for the RVH land use designation and RD-H Zone? Specifically: A) Is the location appropriate by its proximity to the commercial core and downtown area? B) Does the project provide low and moderate income housing? Discussion The RVH land use designation and RD-H Zone were created to be applied in very limited locations where higher densities are appropriate and desirable, such as near the commercial core, in the downtown area or close to high employment centers. It was also the purpose to provide a higher density to facilitate the development of low and moderate income ownership and rental housing. Staff does not believe that the proposed site and project satisfy the criteria for which the RVH designation and RD-H zone were established. This designation and zone are only to be applied in very limited cases and staff believes that each proposed location and project must be carefully analyzed. The project site occurs mid-block on Harding Street between Pine Avenue and Chestnut Avenue and directly opposite the Pine Avenue School. It is staff's opinion that the subject property does not have the necessary proximity to the downtown area and commercial core, established as criteria for the RVH designation and RD-H zone. One of the primary intents of this designation and zone was to provide higher density housing opportunities bordering the dov/ntown commercial core to promote pedestrian activity and .revitalize the Village Area. The proposed project site is not immediately adjacent to the downtown area and is beyond easy walking distance to the village core. Apartment projects have been developed on either side of the subject property at densities similar to that proposed. This was accomplished through the old provisions of the R-3 zone. A more recently approved project, on this block, was developed at a density of 17.9 du's/ac. Compatibility of densities, however, while always a consideration, was not established as a primary criteria for the RVH designation and RD-H zone. Further, increasing the density and consequently traffic generation, is not considered compatible and appropriate across the street from an elementary school and playground. Finally, the project does not guarantee the provision of low and moderate income apartment units. This second criteria, and fundamental purpose of the RVH designation and RD-H zone, was established as an additional manner by which a project could justify the higher density. In summary, staff believes that the proposed project does not have the necessary proximity to the downtown Village area and commercial core nor would it ensure the availability of low and moderate income units. Staff further believes that the existing land use designation and zoning are appropriate for the site and that increased density could adversely impact school safety. As staff is recommending denial of the proposed land use amendment and zone change, staff is consequently recommending denial of the accompanying Site Development Plan. The plan, as proposed, would exceed the density permitted by the underlying RMH general plan designation, (10-20 du's/ac), and would not be consistent with the R-3 zoning. ATTACHMENTS 1) Planning Commission Resolution Nos. 2162, 2163 and 2164 2) Location Map 3) Background Data Sheet 4) Disclosure Form 5) Environmental Documents 6) Reduced Exhibits 7) Exhibit "X", dated August 24, 1983 8) Exhibits "A", "B" and "C", dated June 6, 1983 CDN:bw 8/11/83 -3-,-, ,-f BACKGROUND DATA SHEET CASE NO: GPA/LU 83-5/ZC-282/SDP 83-7 APPLICANT: Garapich/Nbgle & Partners REQUEST AND LOCATION: Request to amend the Land Use Element of the General Plan to RVH and a Zone Change to RD-H and a Site Development Plan for 22 apartment units at 3334 Harding Street on the east side of Harding Street between Pine Avenue and Chestnut Avenue. LEGAL DESCRIPTION: Parcel B, in the City of Carlsbad, as shown on Page 499 of Parcel Maps, filed in the Office of the County Recorder, April 15, 1971 APN; 204-110-31 Acres .67 Proposed No. of Lots/Units 22 GENERAL PLAN AND ZONING Land Use Designation RMH Density Allowed 10-20 Density Proposed 32.8 Existing Zone R-3 Proposed Zone RD-H Surrounding Zoning and Land Use: Zoning Land Use Site R-3 SFR North R-3 Apartments South R-3 Apts/SFR East R-3 " Apts/Freeway West 0-S Elementary School PUBLIC FACILITIES School District Carlsbad Water Carlsbad Sewer Carlsbad EDU's Public Facilities Fee Agreement, dated June 20, 1983 ENVIRONMENTAL IMPACT ASSESSMENT X Negative Declaration, issued July 29, 1983 E.I.R. Certified, date:! ^ % Other, If «iftar the information you have submitted has been reviewed, it is determined -that further information . required, you will be so ad ;d. APPLICANT: . Name (individual, partnership, joint venture, corporation, syndication) Business Address Telephone Nuoibar AGENT: ' : Name Business Address Telephone Nuaiser Narae '{individual, partner, joint Home Address venture, corporation, syndication) .'••'. Business Address Telephone Nusiber Telephone Number Eome ?^ Business Aaaress Telephone Number • Telephone iluraber (Attach more sheets if necessary) I/We declr-re under psr.alty of per jury that the information contained in thin dis- closure is true and correct and that it will remain true and correct and n\ay be' relied upon as being true and correct until amended. Applicant r PS- • 11"n > 1 1 - y.l V-SiN31All5dvdVavesiavo 51-1 Is H LJ <rarfv\t**>«<St\ • ' J2&-M s,l •• V.-) -OC*. -c. IK;» -i r« !l •"> ' \V>>VJ ",-,..• Vj^f*O- j£H^ H J•fT;'>>5^^<J^^Crbi,?l4^rX4@»^^ ^SP^^IC«A^>i' ^ , Vj -?-<f~U-*\r'&''. '\->' V>fx-t.->%ivV,^--i^;.-rt-(C-K^ii<I< j «1-M h fii! i! iti] ssu Ill S III!* » ? i :} 11H •r -r* r f r MM ' 1 : Iis % * Ml o g fccco 0)UJa oLU OCCa fe F •!•;!. i . 'I;!'1 L' ''' ¥ »-zUJ2 cr a a CO0 irr i©i ©; ii -i a UJ CO J.33B1S ONiaUVH VWNO4nv3*Dvsinnr^ j.5 ONIObVK ^EC SJLNHWlfck ,tfavasiavo CM s nP^m ,3-fn JO _ j & Q. CC O O LL I- DC LL CC 2 ? O U. QCC ocis sOli~O!§1] ; C> O—Jl| pc cc ^§2Q O m OHI{/) ca-,0) Q. g|I 2!^u. (f) CC O < LU LU .0 Q. J- oLU CD•z O ,9-pt $M&wsijm^>\ mm&m- '//,{,"?'I • ^aa.S-71 •-''•s-i:-'5I3lCVAn&TSf^>&?£=?? -^flf//.M L*"~'S^i-' ——'SSi.',"!- "^<r—iliij ,W 4'^fe^CT^Wrr.l ly J^ ^,v'ir-i "L_-=^5;^rt.^ .%v ^^J ^S=^i !! 1 5 I' ILU 2 cc a<mw cc<o •n - rri .'c2 '':A "'r '1 :?*£;!;•« ^-W >-^*>y """ -I -J l;-M JEFFERSON ELEMENTARY -3 TO RD-H O RVH G A R A P I C H EXHIBIT X AUGUST 24, 1983 ZC-282 GPA/LU 83-5 #«", City & Regional Planning Consultants September 23, 1983 Honorable Mayor and City Council City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 The^City Council, September 20^ 1983, delayed final action on (^A7LUlA3jr5-ZIaC-'2t 2 , aTTg~SDP8~3^-T\ until September 27, 1983. At the 20 of September meeting, the Council encouraged the applicant to work with the staff on a developer agreement which would provide'affordable rental units. An agreement has been transmitted which will allow the project to be financed and still provide 5 of the units at median income (100%) rent below market projections (attachment). Additionally, the applicant is proposing to maintain the project as a rental project for a period of five years and to retain the 5 units at median rents for that same period. The applicant is not requesting any concessions from the City; but is requesting existing zoning and General Plan recommendations. The proposed project meets all develop- ment standards for apartment project. ' The applicant feels that this agreement is an adequate trade-off if concessions must be made. City of Carlsbad policies and ordinances which the applicant has used for the project, were developed to encourage higher density residential projects in the downtown area and close to employment centers. This project is located within 2 1/2 blocks of the City's inner-city commercial/ office thoroughfare. As such it certainly meets the intent of the zone, and general plan. In addition, since the zone is site specific, the ordinance requires that proponents address four findings before the RD-H zone can be applied. Each part is stated below along with an explanation as to how this project meets the requirements of the requested zone. 1. Reasonably close* to commercial core and/or high employment center,• The project is 2 1/2 blocks south of Elm Avenue along a major transit route (Harding Street) , 2956 Roosevelt Street • Post Office Box 590 • Carlsbad • California 92008 • (619)434-1056 City Council letter (Nogle appeal) Page 2 2. Reasonably close proximity to public transportation. A North County Transit District bus stop is located at the intersection of Harding and Chestnut, less than 1/2 block south of the site. 3. Reasonably close proximity to off site public recreational facilities. Public activity fields are across the street from the site are used for a variety of city recreational activities. The school playground area is also immediately available. Swimming pool and recreational facilities have been provided on site. 4. Site plan must show that site can be suitable developed consistent with intent arid purpose of the zone. A site plan has been submitted, and revised in concert with the staff direction. To date, the site plan has been found acceptable and meets all of the City's development standards. LOW-MODERATE HOUSING / You will note that low-moderate income housing has not been addressed. As we review the ordinance we do not find an absolute requirement for low-moderate housing. It appears the intent of the ordinance and general plan designations are to provide high density residential and/ or low moderate housing in areas where the Council is desirous of one or the other, or both. It does not appear as though every inner-city project must provide low-moderate income housing to qualify for the RD-H zone or RVH General Plan designations. In fact, there are areas where it may not be desireable to require low-moderate cost housing due to existing concentrations, (.see council policies relating to development of the inner city.I The City's Section 8 housing unit locations, place a majority near the commercial core and within a few blocks of this site. The City Council historically has expressed a desire to avoid concentrations of low-moderate units, and to encourage "affordable" units in and near the redevelopment area. City Council letter (Nogle appeal) Page 3 A look at the unit sizes, the swimming pool and deck area indicate the applicant did not intend to build a low income project. As noted in our proposed agreement, fche applicant is willing to provide housing for households earning the median income. This provision is well within the State's definition of low and moderate income. Since Federally subsidized programs and state funded programs are available to persons and families earning up to 80%- 120% of the median income, the applicant is willing to target rents at mid range in the State's definition of moderate. It is proposed that the affordable unit agreement remain in effect for five years. Our rationale is strictly economic. A viable project is determined by tax laws, financing, and the goals of the investors. To restrict these units beyond the 5-7 year frame would severely hamper private decisions necessary to keep the project solvent. Although we understand the staff's need to ensure that the units remain as rentals for an extended period of time, (5-7 years) is not fiscally sound. The applicant views his efforts to provide apartment units near the commercial core as meeting one of the primary purposes cited in the General Plan, redevelopment goals, and the RD-H zone. A project in the inner-city area is generally viewed as having more risk than a comparable project elsewhere in the city. The density RD-H somewhat offsets this risk. However, lenders are still concerned and strong cash flow must be shown. As a result, applicants have a significant equity investment required to finance this project. To restrict their cash flow further would only eliminate potential downtown housing opportunity. Therefore, it is requested that the City Council approve this project as submitted with the proposed developer agreement, so that quality residential rental units can be provided near the City's commercial core. Respectfully submitted, jatep corporation Tack Henthorn Planning Consultant T^cnto/1 DRAFT Continent*] Properties Investment Group City of Carlsbad 1200 Elm Avenue Carlsbad, Ca. 92008 Dear Sirsc This agreement is made and entered into this day of , 1983 by and between the City of Carlsbad, California, a municipal corporation, hereinafter referred to as "Carlsbad" and Continental Properties Investment Group, a California corporation, hereinafter referred to as "applicant." RECITALS A. Applicant is the purchaser of certain real property generally located at 3334 Harding Street in the City of Carlsbad, County of San Diego, State of California. B. Applicant has filed an application for a General Plan Amendment from RMH to RVH, and a site development plan for a 22 unit residential project at a density of 32 dwelling units per acre (EDP-83-5) (hereinafter referred to as "project" for the real property referred to above). Page 1 of 9 DRAFT The applications ere collectively referred to hereinafter as the "application." A density of 32 dwelling units per acre is requested in order to assist Carlsbad in achieving the goals established . by the Housing Element of the General flan. To achieve those goals the project must be available for rental for the period stated herein. Without the rental restrictions Carlsbad vould>not approve the project. C. In order to induce the City to approve the application • »*". . — applicant desires to provide that five of the dwelling units in the project will be available to persons and families of low to moderate income for a period of not more than five years and that the entire project be available for rental for a period of five years. D. Carlsbad desires to ensure the continued availability t>f five 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 time period specified in this agreement. Page 2 of 9 DRAFT E. To ensure the availability as specified in recital D, the ,. City of Carlsbad has-conditioned approval of-the application upon the execution of this agreement. Without that condition the 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 five of the units for persons and families of low and moderate income the City Council of the City of Carl-sbad has required execution of this agreement concurrently with their approval of the application. Without the execution of this agreement, the City Council would ±>e unwilling to grant ; approval of the application. 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 application 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 1*0%. of the area median Page 3 of 9 DRAFT 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, By taking 25% of the monthly area median income figure adjusted by family size. The table below shows those rents to be established initially under this agreement: Persons Median Income Unit Size Rent 1 2 3 . 4 - $18,500 . • $21,125 $23,750 $26,375 1 br 1 br/2 br 2 br 2 br-2ba $385.42 $440.10 $494.79 $549.47 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 Depart- ment 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 Develop- ment are discontinued the area median income shall be that Page 4 of 9 DRAFT median household income established and published by Department of Housing and Community Development of th State of California pursuant to Health and Safety Cod section 50093. 2. Restrictions on the Project a. That for a period of five 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 applicant 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 application for such conversion at any time during the five year period.' Approval or conditional approval of such conversion shall be subject to a condition that for the remainder of the five year period for rental the applicant shall not convey individual units in the project. Upon the termination of the five 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 five years from the date of construction of the project. During the five year period five 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 final map for any conversion. Page 5 of 9 DRAFT b. That for a period of five 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 as determined in 1. b. above. Established rents shall be determined annually by the Carlsbad Director of Building and Planning, but in no event shall the annual increase be less than that established for the Section 8 program's annual adjustment factor, which is presently at 9.3% per year. Increases in operating costs such as sewer water, gas, electric, tax and interest rates, if any shall not be included as any part of the annual adjustment permitted hereunder. 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 number, of bedrooms per reserved unit as the nonreserved units. 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 Dumber of nonreserved units being constructed in that phase. Page 6 of 9 DRAF f d. Applicant shall keep rental data for restricted units and qualified persons or families and shall submit upon written request 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. Send-annually during the term of -this agreement The Director of Building and Planning, upon written request, may inspect or audit the applicant's books for the restricted units to ensure performance of th'is agreement by applicant. . 3. Carlsbad may assign with consent of this owner, 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: Continental Properties Investment Group Attn: Mr. Joel M. Berlinsky 3007 Washington Blvd., Ste. 200 Marina Del Key, Ca. 90292 -To Carlsbad: Attn: Director of Building and Planning 1200 Elm Avenue Carlsbad, Ca. 92008 Page 7 of 9 DRAFT 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 cont'racts made and to be performed within the S^tate. 6. This agreement shall remain in full force and effect, for five 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. The applicant may, but is not obligated to, participate in any housing program offered by the Housing Authority. Page 8 of 9 DRAFT CIT-Y OF CARLSBAD Date:' ' ' By: CONTINENTAL PROPERTIES INVESTMENT GROUP Date:^_ By: Carlsbad Journal Decreed a Legal Newspaper by the Superior Court of San Diego County 31 38 ROOSEVELT ST. • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 Proof of Publication 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 matter. I am principal clerk of the printer of the CdMsbdd Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: NOTICE OF PUBLIC HEARING APPEAL GPA/LU 83-5/ZC-282/SDP 83-7 NOTICE IS HEREBY GIVEN that the City Council of the City of Carls- bad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:00 P.M., on Tuesday, September 20,1983, to consider an appeal of a Planning Commission denial of a General Plan Amendment from RMH (Residential Medium High density, 10-20 du's ac) to RVH (Res- idential Very High density, 30-40 du's ac) and a Zone Change from R-3 to RD-H (Residential Density-High) and a Site Development Plan for 22 apartment units on property gener- ally located at 3334 Harding Street on the east side of Harding Street between Pine Avenue and Chestnut Avenue, and more particularly de- scribed as: Parcel B, in the City of Carlsbad, on Page 499 of Parcel Maps, filed in the Office of the County Recorder, April 15, 1971. Appellant: Henthorn (for Gara-pich) CARLSBAD CITY COUNCIL -iJLjijL TBSDOfrMU"ft«OJECT .... R-3 TO RO-H-- \l:t IU'H vo I:VHfill G A R A P I C H I ZC-282 j; GPA/LU C'J-5 September 10 19 83 19 19. 19. 19 I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on the IQth _ day of -- September 19 S3 - CJ S314: September 10, 1983 Clerk of the Printer 1200 ELM AVENUE . CARLSBAD, CALIFORNIA 92008 Office of the City Clerk Citp of Cartebafc APPEAL FORM TELEPHONE: (714)438-5535 /rX I (Vie) appeal the following decision of the _____ to the City Council: Project name and number (or subject of appeal); (^r^A /<—& Q"^ Date of decision: Reason for appeal: 'Datye STgnature ^ C. Name (Please print) ,,Address Telephone Number NOTICE OF PUBLIC HEARING APPEAL GPA/LU 83-5/ZC-282/SDP 83-7 NOTICE IS HEREBY GIVEN THAT the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:00 P.M., on Tuesday, September 20, 1983, to consider an appeal of a Planning Commission denial of a General Plan Amendment from RMH (Residential Medium High density, 10-20 du's ac) to RVH (Residential Very High density, 30-40 du's ac) and a Zone Change from R-3 to RD-H (Residential Density-High) and a Site Development Plan for 22 apartment units on property generally located at 3334 Harding Street on the east side of Harding Street between Pine Avenue and Chestnut Avenue, and more particularly described as: Parcel B, in the City of Carlsbad, on Page 499 of Parcel Maps, filed in the Office of the County Recorder, April 15, 1971. APPELLANT: PUBLISH: Henthorn (for Garapich) September 10, 1983 CARLSBAD CITY COUNCIL PROJECTSITE R-3 TO RD-HRMH TO nVH GARAPICH L 2C~202 GPA/LU 83-5~ 0 us mOJ U3 Q.-s H-> s:—« Cu 01 "O -Scr -i. Q.0» 3a. ro < o < o^> CD QJ 3 -Sc CL WD (D Oro N O O>o CO 2SB _ 0 m • - SS i "»g m C3" S «W01 OL S O OJ I—o> ro <-*•-s cr> o. — • CT> •(/> Icr cr> re Q) CO Q' Q- -S O -S 3S» Q-tQ CO ro -5o oo n>o c-t- n>CO . <-*• O » CO Q. 2 £?50 ^4 i-»- o co oO> to CD-S CO 3— ' O rt>01cr ^c oo CU Q) • Q. -5>. a. a-.. n>o .•*! m ^ «0 c ^ O «• C5J oco o»10 ri- oINI- =rooCO 2 S? 38 ^ •-*• o -oa> D>-5 O 1/1 -hcr -••fa O (0 roXJ O fO CO 52° (D fD CQ 3-a TI m32 Sa> o co om ro eu -J -C» 3 cr m CU CU O. -5>• Q._i. O 3 ssg 00 OVO rl- 3r>o • iao 01o -•• CX) 10 o coO) GO-s— • o 00 SJocr a:O> C" OQ. -S O» Q. 3-J. 3 O 3 OJ 2 =0 m o •"T| ™ H «5 C c/> o m °"O CD 00 Q. co Oro •Oo CO g o co coCU tO 2T-J 1— • O— ' en -s </5 fDcr ^: — «cu B> — i.Q. -S 3>• Q. (D p rn O CO 73cu ro -;•-s ro o— • ro J co m CO CO Q. rooo 00 1 o» co -s-s co n>— ' -P» Q.tocr n: BOo> o> Q- ~S ~O» a. 3~ 2 £?at M >—*• 55^ >5 ojp m —t, 5jc^ C 2 SO •"n" HI r5* <* §** m O" ~. *^* CL 00 10 rooo00 O)3 T O "O Oft) • O -S O 3_i . O)to —'cr co Q.QJ O0. X I— o co c_if> o c:ro —' rooo00 2- 2 53 H> •"*•^i^go 0 am-*, 5S0?$ a> 71 m ^ }»C^o f cr Q &9 W Q^ li- o oo i— ' mOJ O Q--s o s— < oo o»w -scr -u o-cu _i.a. a < if? c ca. O 3>X OQ» 3 CL «3 C Oro ro NCD cu § O CXI OQJ O O> -S I— ' ~S— 1 _J CO T3 COcr -•. cr Pi 3 OJQ. (T> Q. V > d0 < -3 i«:o m -+, 2^0C 5 o> .•"m -i^y r -*- JS« °°§ Mm cr o>ex r-oooco n>Q. c/>o oo rt--s a ^ ,,4»-«f «*!<-1,1 •« •«!»..'*' ft!- t^A*n,«4 (."•"C- ~ 87, O a. o P P sa L. . f»is» t* t 3 * R Ut- £3 1:: a a rfr!a 8 o i o o «M 1., « « u *-' • . . n •••Hi * U' ? ° •->.,**«l , TT^^ r: rr.*! IS # 3 •»*.'•-«»*?»' * "" *"• > qR?«.. A,Vb ^ *•-3 * to. .Ki f*i \s,'* *» ** i iMr-i i%- •-• *r , fv ( ! • <» » fc. » "f '«tl » w tt I I i.».*«***71 I OI 01 to I <3I rj ) OI r>j I OI rj » OI rvi J O Z •*: •K O Ot <V i OI o i 8 t _ • Kn I »-«I » t| «>V» jSy* j i i '"BO **£ ii-ooeSJ3S : | _J | O-. "1 t^OO I s- TO i 3 i * -1 O o<•«< 1 U.i «£2 «*,*«» «§I ^j» . •*• MH t £» X i- i S3 aso i i>; *—*»~l t «•»• um\ I ^, J'l-J £• -a &*gr* »~OI «ojt «•-« -. I I L L IIII(II <M I »-I 8 Cfc 0«;>: KS o; «~ t« t- 8 «. * «j•-« i «c J IS*&• 1 fe*5 S 1 5 1 i>o *t •* *w» l it---, •"i*«a«"«: . x s .• - -- I « i',5 ?^ Vo •• i^>» ,»°o If i£a »:?' IB1 ...., ^,._ .,. E-. r> • <.*'.•*<-*• s p-> J I .> t ' . j s : ---.so « :IV. 0 *. • • I ("* ' '*-" 5 <": I i~a 4I f!> « '•» J ,> i 1 » • :-, » h » :! ..: i r» I i.: , i «:cI s--» «n I»., I Ml 5 «-.• I L. ti ft. {«• &J-. M.'! »<.".• *-.i <.j § !^,'-!£'v1 t^-^i ^°10 I O JI CXV» 10 10I tv> 00 (t1<-> if»*?3 !|3 10 I? * 'V'5* ? 1*J I ^• ex-*« i > > i <'^ItM II* V>< 00» » O !8• i S?^S£? if«t>*^* > t- 0 I OIfM I OI <N> Ii«»oI "»V*I? i O ( Cl O( «s] <M <> 44. O «*!;-•» O r*1> >- i .,« «:•• t Vblii, ;>"•*> !«•". If\f- - t ,•: -r^J 8 00so -." !•*.««« *«• t «^w\ »I «t*~/MI *•«»I >~W So- •»•» -.••rvO S '* il t •* •fc•fc o o Is "I • ^ II <?*g - «**w» O ooI s i«I tu ife I- fM3S • ** !5 i § •-** 0 ««. f -3 V jg d r, e- i w» |~ UJ *_J It.' i I.-,: S v.7.1 —C a S «••• Ii « <.t I O- IS: i»r-I *'t» I ;- II C?» *'.'";-. -v> * L*~T»— ( »- -> t> t r ' it <tf& -".'*• I *« J I »s . . » » ••«< I 7-'j-;---"i I • ~r "» <^< I^sy *,«- » o —! M »- I " c! IM 0- M O * i SK V- •O I** Kl il i tAU-J »>' «£» . i : i»-' « e.I I ,»~. I t 'at i:« o-ai x t n«r I OO I «»«e ! ^:' I «-!,.' -S l?« 4 to «-§ *-rs< uO- »- ^ O S>S I o i sJ- O fSS !* oi m 8 ot (N) 8SS<?>f? • • • oo i e»3«••« *~ )f I «-O) I < O!-*•-»t O t OI t J ( IS) St » I — f 1 t->O-O l,Ve !S illi To| ••*•> ru 3 KiQ < OCO • o J O i C5 I Ci4SJ I <S« /*• CITY OF CARLSBAD ' ' PLANNING COMMISSION AGE.^TOA AUGUST 24, 1983 7:00 P.M. ******************************************************************************* CALL TO ORDER ROLL CALL ABSENT: Marcus PLEDGE OF ALLEGIANCE NEW PUBLIC HEARINGS 1) CT 83-14/CP-240/V-349 BUZZA - Request for RESO NO: approval of a Tentative Tract Map and Condominium ACTION: Permit for seven attached dwelling units on .3 VOTE: acre of property located at 170 Walnut Avenue, CC DATE: between Carlsbad Boulevard and Garfield Street. Also, request for approval of a variance to allow decreased driveway width on the project. 2) CT 83-16/LCDP 83-1 DAON CORPORATION - Request for PESO NO: 2165 & 2166 _Approved " 6-0 N/A 2169 a 171 lot Tentative Tract Map and La Costa Development Permit for Neighborhood SW-5 of the La Costa Master Plan, located on the north side of the intersection of Rancho Santa Fe Road and Olivenhain Road in the P-C zone. 3) GPA/LU 83-7/ZC-279 KELLY - Request to amend the General Plan Land Use designation from NRR (Non- Residential Reserve) to P-I (Planned Industrial) and a Zone Change from L-C (Limited Control) to P-M (Planned Industrial) on property located approximately 60 feet north of the future inter- section of College Boulevard and Statler Street. 4) GPA/LU 83-1 PALOMAR & CO. - Request to amend the Land Use Element of the General Plan from Extensive Regional Retail (RRE) to Travel • Service (TS). 5) GPA/LU 83-5/ZC-282/SDP 83-7 GARAPICH/NOGLE & ACTION: Approved w./o Variance VDTE: 6-0 adding addtional cond: CC DATE: 9/20/83 -4=^ ~ . ~ I inditio! RESO NO: ACTION: VOTE: CC DATE: 2161 & 2138 Approved 6-0 9/20/83 RESO NO: ACTION: VOTE: CC DATE: 2168 Approved 6-0 9/20/83 RESO NO: 2162,2163 & 2164 PARTNERS - Request to amend the Land Use Element ACTION: Denied because not affordable of the General Plan to RVH, a Zone Change to VOTE: RD-H and a Site Development Plan for 22 units CC DATE: at 3334 Harding Street on the east side of Harding Street between Pine Avenue and Chestnut Avenue. 6) GPA/LU 83-8 CITY OF CARLSBAD (School Sites) - RESO NO: Request to amend "the Land "Use Element oL: the ACTION: General Plan to revise future school site VOTE: locations, and to designate general service CC DATE: areas Cot: each location. /20/83 i*f anneal housing project 2167 Aonroved 9/20/83 PLANNING COMMISSION PROCEDURE ,, For those in the audience who are not familiar with the operation of a Planning Commission, the following is a summary of the procedure: On matters concerning applications for Specific Plans and Planned Unit Developments, Condominium Permits and Tentative Subdivision Maps over 50 units, the Planning Commission acts in an advisory capacity to the City Council. These items are automatically forwarded to the City. Council with a report from the Planning Commission. On matters concerning amendments to the General Plan and Zone Codes, or applications for a Zone Change and Precise Development Plan, the Planning Commission acts in an advisory capacity to the City Council if the Planning Commission recommends approval. But, if the Planning Commission wishes to deny the application, they act as final decision makers. Therefore, if the Planning Commission recommends approval, the item is automatically forwarded to the City Council. If it is denied by the Planning Commission, the application must be appealed if it is to go forward to the City Council. On matters concerning applications for Variances, Conditional Use Permits, Site "Development Plans, Special Use Permits, and Planned Unit Developments, Condominium Permits and Tentative Subdivision Maps for 50 units or less, the 'Planning Commission is delegated the authority to take final action, unless those items are appealed to the City Council. Applicants or protestants of record should contact the Land Use Planning Office for further information on the right of appeal. For each item on the agenda, the planning staff will present a report to the Planning Commission. On items for public hearing, the audience will be asked for comment. Those wishing to speak are asked to come forward, speak into the microphone, and give their name and address for the taped record. After testimony is completed, the applicant is allowed a rebuttal. The Planning Commission is anxious to hear all persons wishing to give testimony. However, it is requested that each new speaker add new information, and not repeat points which previous speakers have made. Persons not desiring to speak, but wishing to be recorded as proponents or protestors of record, may do so by submitting their name and address to the secretary. /ar 1983 PC MEETING OF AUGUST 24, 1983 PAGE TWO DISCUSSION ITEM 7) EL CAMINO REAL CORRIDOR STUDY APPROVAL OF MINUTES Minutes of August 10, 1983 PESO NO: ACTION: VOTE: CC DATE: ACTION: VOTE: Aonroved 6-0 9/13/83 Approved 6-0 ADJOURNMENT TIME:9:40 BH/bw 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office of the City Clerk Citp of Catlsbafc APPEAL FORM TELEPHONE: (714)438-5535 I (We) appeal the following decision of the to the City Council: Project name and number (or subject of appeal); <^-r/4 /CU Date of decision:_ Reason for appeal 7Dafa'e ignature Name (Please print) Address (T>f- Telephone Number o 33 5 J- 0° o> m Zm <£)00 CO 9m 0> 3><Zm 00 <D00 .er