HomeMy WebLinkAbout1983-11-01; City Council; 7552; Zone Change & SDP- Garapich/Noglec
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Cl'i -- OF CARLSBAD - AGENL BILL
RECOMMENDED ACTION:
The Planning Cmission
introduce Ordinance No ?e- 74 8 , APPWING ZC-282; direct the City Attorney's Office to prepare documents AJ?PFOVING SDP 83-3, and direct staff lm enter into a developnent agreement with the developer to provide criteria for derate incane housing units.
staff are recc-xrmending that the City Council
ITEN EXPLANATION
At the meeting of September 20, 1983, the City cbuncil -roved GPA/IxT 83-5
which redesignated property on the east side of Harding Street between Pine Avenue and Chestnut Avenue to the KVH (Residential Very High Density, 30-40
du/ac) designation. ZC-282 and SDP 83-7 were referred back to the Planning
Cmission by the Council to address the issue of affordable housing and
provide conditions of appmval for the project.
After considerable discussion regarding affordability nmbers, the Planning
Conmission at their October 12 meeting, *proved the project as originally
remended by staff. applicants, primarily in three areas. The three areas of disagreement were the number of derate inccane units vhich should be provided, the munt of rent to
be charged for these units, and the duration of time that this IxlTc33er of units should be locked into specific rents.
This recamendation was mnsiderably different than the
Since the last Planning Cmission meeting staff has me to a wtual agreement with the developer on these issues. This agreement with the developer would provide for five derate inmm units with rents equal to 90% of the median income for a period of ten years.
Staff feels that these are acceptable figures for the Council to zpprove the
project. Although the rent numbers are not mnsidered to be fully affordable, the additional considerations such as proximity to the downtown area, quality of the project and existing neighborhood anditions are favorable to the project.
For these reasons staff is reconmending approval of ZC-282 and SDP 83-3.
For further information please see the attached memo fran the Cannunity
Redevelopnent Manager and the ariginal staff report to the Planning Cmission.
FISCAL IMPACT
The applicant would provide all required improvements to the property.
the applicant has agreed to pay a public facilities fee to offset the costs of providing all other public services.
Also,
(Ordinance went through as 9702 should have been 9710;)
Page 2 of 'wenda Bill No. 7552
The Land Use Planning
which was approved by Manager issued a negative declaration for this project the Planning Conmission on August 24, 1983.
EXHIBITS
1. hxation Map
2. 3. PC Resolution Nos. 2199 and 2200 4.
5.
City Oouncil Ordinance No. 4'?1@ -' gs
Memo from Cormunity Developnent Director
FC Staff Report dated August 24, 1983 w/attachments
a
ELEMENTARY
SCHOOL
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I e
R-3 TO RD-H RMW TO RVH ..
f
3 I zc-282
GARAPICH IGPA/LU 83-5
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PLANNING COMMISSION RESOLUTION NO. 2199
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CHANGE FROM R-3 to RD-H ON PROPERTY GENERALLY LOCATED ON
THE EAST SIDE OF HARDING STREET BETWEEN PINE AVENUE AND
APPLICANT: GARAPICH/NOGLE
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF OF A ZONE
CHESTNUT AVENUE
CASE NO: ZC-282
WHEREAS, a verified application for certain property, to
ntit:
Parcel 3, 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 provide(
by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 12th day of
Dctober, 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
Zommission as follows:
4) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of ZC-282, based on the followin!
findings and subject to the following conditions:
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Findings :
The zone c..ange will make the zoning consistent wi
density designation of the general plan.
h the RVH
The zone change will help provide affordable housing in the
downtown area.
This project will not cause any significant environmental
impacts and a Negative Declaration has been issued by the Land Use Planning Manager on July 29, 1983 and approved by the Planning Commission on August 24, 1983.
The applicant has agreed and is required by the inclusion of an
appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable
this body to find that public facilities will be available concurrent with need as required by the General Plan.
The proposed zone change is consistent with all other elements of the General Plan.
Prior to development of any of these parcels a site development plan must be approved by the City of Carlsbad to ensure
compatibility with surrounding properties.
Conditions:
1) Approval is granted for ZC-282, as shown on Exhibit "X" dated
October 12, 1983, incorporated by reference and on file in the Land Use Planning Office.
2) This project is approved upon the express condition that the
applicant shall pay a public facilities fee as required by City Council Policy No. 17, dated April 2, 1982, on file with
the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for paymenl of said fee a copy of that agreement dated June 20, 1983, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will not
be consistent with the General Plan and approval for this project shall be void.
3) Prior to development of this property, a Site Development Plan, .must be approved by the City Council.
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PC RES0 NO. 2199 -2-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
llanning Commission of the City of Carlsbad, California, held on the
2 day of October, 1983, by the following vote, to wit:
AYES : Chairman Schlehuber, Commissioners Rombotis,
NOES : None.
ABSENT: Commissioner Friestedt.
ABSTAIN : None.
Marcus, Lyttleton, Farrow and Rawlins.
CLARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
LTTEST:
IICHAEL J. HOLZMILLER ,AND USE PLANNING MANAGER
PC RES0 NO. 2199 -3-
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PLANNING COMMISSION RESOLUTION NO. 2200
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN 01
PROPERTY GENERALLY LOCATED Oh' THE EAST SIDE OF HARDING
STREET BETWEEN PINE AVENUE AND CHESTNUT AVENUE.
APPLICANT: GARAPICH/NOGLE CASE NO: SDP 83-7
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 ai
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 12th day of October, 1983,
consider said request on property described as:
Parcel 3, in the City of Carlsbad, as shown on page 499 of
the Parcel Maps, filed in the office of the County Recorde
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.
(BI That based on the evidence Presented at the public hearing, th .. Commission APPROVES SDP 83-5, based on the following findings
and subject to the following conditions:
F ind i nqs :
1) The density of the project is consistent with the RVH general
2) The site is physically suitable for the type and density of th
plan designation and with the RD-H zone.
development since the site is adequate in size and shape to
accommodate residential development at the density proposed.
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The project is consistent with all City public facility pol- icies and ordinances since:
a) The Planning Commission has, by inclusion of an appropriate condition to this project, insured that the project will not be approved unless sewer service is available to serve
the project. In addition, the Planning Commission has
added a condition that that building permits may not be issued for the project unless the City Engineer determines
that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the public facilities element of the
general plan have been met insofar as they apply to sewer service for this project.
b)2 The Carlsbad School District has written a letter, dated, May 31, 1983, stating that school facilities will be available to this project.
c) Park-in-lieu fees are required as a condition of approval.
d) The applicant has agreed and is required by the inclusion
of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the general
plan.
This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Land
Use Planning Manager on July 29, 1983 and approved by the Planning Commission on August 24, 1983.
:onditions:
I) Approval is granted for SDP 83-7, as shown on Exhibit "X",
dated, October 12, 1983, incorporated by reference and on file in the Land Use Planning Office. Development shall occur substantially as shown unless otherwise noted in these conditions.
This project is approved upon the express condition that the
final map shall not be approved unless the City Council finds as of the time of such approval that sewer service is available to serve the subdivision.
This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that sewei facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy.
?C RES0 NO. 2200 -2-
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This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by City
Council Policy No. 17, dated April 2, 1982, on file with the City Clerk and incorporated herein by reference, and according
to the agreement executed by the applicant for payment of said fee, a copy of that agreement, dated June 20, 1983, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan and approval for this project
shall be void.
The applicant shall pay park-in-lieu fees to the City, prior to the issuance of building permits as required by Chapter 20.44 of the Carlsbad Municipal Code.
The applicant shall provide school fees to mitigate conditions of overcrowding as part of building permit application. These
fees shall be based on the fee schedule in effect at the time of building permit application.
Approval of this request shall not excuse compliance with all
sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance.
Water shall be provided by the City of Carlsbad unless some other arrangement is approved by the City Council.
The applicant shall prepare a reproducible mylar of the final site plan incorporating the conditions contained herein. Said
site plan shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits.
The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits.
All parking lot trees shall be a minimum of 15 gallons in size.
All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
Any signs proposed for this development shall be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Land Use Planning Manager prior to installation of such signs.
Trash receptacle areas shall be enclosed by a six-foot high
masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Land Use Planning Manager.
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'C RES0 NO. 2200 -3-
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15) All roof appurtenances, including air conditioners, shall be
architecturally integrated and shielded from view and the sounc buffered from adjacent properties and streets, pursuant to Building Department Policy No. 80-6, to the satisfaction of thc Land Use Planning Manager and Building and Planning Director.
Engineering Conditions:
The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
The grading for this project is defined as "regular grading" b:
Section 11.06.170(a) of the Carlsbad Municipal Code. The developer shall submit a grading plan for approval which shall include all required drainage structures and any required erosion control measures. The developer shall also submit soils, geologic or compaction reports if required and shall
comply with all provisions of Chapter 11.06 of the Carlsbad Municipal Code.
No grading shall occur outside the limits of the subdivision
unless a letter of permission is obtained from the owners of the affected properties.
Prior to the issuance of a grading permit, the haul route shal
be submitted for review and approved by the City Engineer. A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the city limits.
The developer shall install street trees at the equivalent of 40-foot intervals along all public street frontages in conformance with City of Carlsbad Standards. The trees shall be of a variety selected from the approved Street Tree List.
The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project.
All private driveways shall be kept clear of parked vehicles a all times, and shall have posted "No Parking/Fire Lane Tow Awa Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code.
Fire Conditions:
23) Prior to the. issuance of building permits, complete building .plans shall be submitted to and approved by the Fire Department.
24) Additional public and/or on site fire hydrants shall be re-
quired if deemed necessary by the Fire Marshall.
25) All private driveways shall be kept clear of parked vehicles a
all times, and shall have posted "No Parking/Fire Lane Tow Awa Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code.
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All fire alarm systems, fire hydrants, extinguishing systems,
automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approval
prior to construction.
Prior to the issuance of any building permits the applicant
and the City shall enter into an agreement which includes the following requirements:
a) That a number of units equal to the density bonus granted, in this case (9) units, be set aside for affordable rents.
b) That the rents for these units not exceed 25 percent of 80 percent of the median income affordable rent as
defined by HUD or the current Carlsbad Apartment Survey, whichever is lower.
c) That these rental units remain subject to the above criteria for a period of twenty (20) years.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 12th day of October, 1983, by the following vote, to wit:
AYES: Chairman Schlehuber, Commissioners Rombotis,
NOES : None.
ABSENT: Commissioner Friestedt.
ABSTAIN : None.
Marcus, Lyttleton, Farrow and Rawlins.
CLARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMILLER
LAND USE PLANNING MANAGER
PC RES0 NO. 2200 -5-
October 5, 1983
TO : LAJSJD USE PLANNING .MANAGER
FROM : Community Redevelopment Manager
AFFORDABLE HOUSING PROVISION-GAFAPICH/NOGEL GPA 83-5
It is the purpose of this report to address the affordability condition in the RVH Ordinance as it applies to Garapich/Nogel (GPA/LU 83-5, ZC-282/DSP 83-7).
7Jhile subject to local interpretation, the definition of affordability has traditionally been tied to the Federal Housing and Urban
Development (HUD) median income statistics. (Attachment I) HUD defines low income as 80% of the area median income.
The applicant has proposed to meet the affordability condition of the RVH Ordinance in the following manner (Attachment 11). * t
1) That five (5) units in the project will be available to persons and families of low to moderate income.
2) That rental rates will be set at 25% of 100% of the monthly area median income affordable rent as defined
by HUD.
3) That these rental units remain subject to this criteria
for no less than five (5) years.
Staff feels that this proposal does not adequately satisfy the
intent of the ordinance to supply affordable housing. The proposed
rent rate of $550.00 for a four person two bedroom apartment is close
to market rent for this project location. Additionally, this range exceeds the median rent range for two bedroom units in Carlsbad as defined in the latest apartment survey (Attachment 111).
For this project, staff recommends that the following criteria be met to satisfy the affordability condition of the RVH Ordinance.
1) That a number of units equal to the density bonus granted, in this case nine (9) units, be set aside for affordable rents.
* AFFORDABLE HOUSII A ROVISION GAFWPICH /NOGEL GPA 83-5 PAGE 2
2) That the rents for these units not exceed 25% of
80% of the median income affordable rent as defined by HUD or the current Carlsbad Apartment Survey median rent whichever is lower.
3) That these rental units remain subject to this criteria for twenty (20) years.
Staff's recommendation is based on the fact that the nine (9) unit set aside represents the number of units above and beyond the maximum units the developer could build had he not asked to be considered under this ordinance. It is reasonable, staff feels, to recommend that this number be designated to satisfy the affordable housing condition.
80% of median income is the standard throughout the nation to define low income. In other programs designed to encourage affordable housing, such as Mortgage Revenue Bond programs, this figure is stipulated as the rent rate level for the units set aside. In real numbers this means a two bedroom apartment at 80% rents for $440.00 per month. two bedroom unit rents for $550.00. At 100% of median as proposed by the applicant this sahe
The twenty year term represents the reasonable life of the building.
It represents the time of the impact the density bonus has on the surrounding neighborhood. Staff feels that the five year term
proposed by the applicant is not sufficient to mitigate the impact caused by allowing the density bonus.
Finally, staff feels that it is important to review each project on a case by case basis. It may not be possible to establish criteria
that can be uniformly applied throughout the City. A project located in South Carlsbad or by the Palomar Industrial Park may require different consideration.
CHRIS SALOMONE
. %S:al
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1 ATTACHMENT I
.FI" /"
AFFORDAFL~ RENTS FOR THE COUNTY OF SAN DIEGO
$26,400 is the HUD median income for a family of four as of July, 1983
50%
75%
80%
100%
i2a%
4 $13; 200 $1,100.00 $275.00
5 $14 , 025 $1,168.75 $292.19 6 $14 , 850 $1 , 237.50 $309.38
7 $15 , 675 $1,306.25 $326.56
8 $16 , 500 $1,375.00 $343.75
1 2 3. 4
5 6 7
8
$13,860
$15,840
$17 , 820
$19,800
$21,038 $22 , 275
$23,513 $24 , 750
$14 , 784
$16 , 896
$19 I 008
$22 , 440 $23,760
$25,080 $26 , 400
$21,120
$18,480
$21 , 120 $23 I 760 $26 , 400 $28 , 050 $29 , 700
$31,350
$33 , 000
$22 , 176
$25 , 344
$28 I 512
$31,680
$33 , 660 $35,640
$37 , 620 $3g1600
$1,155.00 $288.75
$1,320.00 $330.00
$1,485.00 $371.25
$1 , 650.00 $412 . 50
$1,753.13 $438.28
$1,856.25 $464.06 $1,959.38 $489.84 $2 , 062.50 $515.63 :
$1,232.00 $308.00 - 2 Bdr.
$1,408.00 $352.00 City
$1,584.00 $396.00 Proposed - 2 Bdr.
$1,760.00 $440.00 Range $1,870.00 $467.50 - 3 Bdr.
$1, 980.00 $495.00 $2,090.00 $522.50 - 4 Bdr.
$2,200.00 $550.00
$1,540.00
$1 , 760.00
$1,980.00
$2,200.00
$385.00
$440.00
$495.00
$550.00
Applicang
Proposed-
Range
1 Bdr.
2 Bdr.
$2;337 .SO $584.38 - 3 Bdr.
$2,475.00 $618.75 $2 , 612.50 $653.13 - 4 Bdr.
$2,750.00 $687.50
$1,848 .OO $462.00
$2 , 112.00 $528.00 $2 I 376.00 $594.00 $2 , 640.00 $660.00 $2,805.00 $701.25 $2 , 970.00 $742.50
$3,135.00 $783.75
$3 , 300.00 $825.00