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Home My WebLink About1984-02-07; City Council; 7552-1; Affordable Housing Development AgreementI, Clf 3F CARLSBAD - AGEND,. BILL . ~~~ ,B# 75n- 1 [TO. 2/7/84 IEPT. RE TITLE: AFFORDABLE HOUSING DEVELOPPENT ON HARDING STREET. RVH ORDINANCE GARAP I CH/NOGLE AGREEiYENT FOR A 22 UNIT APARTMENT COIIPLEX RECOMMENDED ACTION: City Council adopt Resolution No. 7y97 approving a development agreement for the provision of moderate income units on property generally located on the east side of Harding Street between Pine Avenue and Chestnut Avenue. ITEM EXPLANATION: At their meeting of November 1, 1983, the City Council approved 2C-282, Garapich/Nogle, and directed staff to enter into a development agreement with the developer to provide criteria for moderate income housing units. The proposed 22 unit apartment project is located on the east side of Harding Street between Pine Avenue and Chestnut Avenue. This property has been approved for the RVH (Residential Very High Density, 30-40 du/ac) designation. A criteria for this designation is the provision of affordable housing units by the developer. City Council has directed staff to enter into a development agreement with the developer which would provide for five moderate income units with rents equal to 90% of the area medium income for a period of ten years. The developer has agreed to these terms. A copy of the agreement is submitted for Council approval. FISCAL IMPACT: There will be no fiscal impact, however, City staff must monitor developer compliance with the agreement. 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. Resolution No. 7477 approving a Development Agreement to provide moderate income housing. I , I 1 CHESTNUT f EXHiBlT X ,AUOUST 24, t888 . I* 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. - 7497 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT WITH JOEL BERLINSKY AND DENIS KARPELES FOR THE PROVISION OF MODERATE INCOME HOUSING UNITS ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF HARDING STREET BETWEEN PINE AVENUE AND CHESTNUT AVENUE. APPLICANT: GARAPICH/NOGLE CASE NO.: ZC-282/SDP 83-7, GPA/LU 83-5 WHEREAS, the applicant has sought and obtained the RVH (Residential Very High Density, 30-40 du/ac) designation for this ?roperty; and WHEREAS, a criteria of the RVH designation is the provision )f affordable housing units; and WHEREAS, the applicant desires to enter into an agreement Jith the City of Carlsbad for the provision of moderate income lousing units; NOW, THEREFORE, BE IT RESOLVED by the City Council of the :ity of Carlsbad that the Development Agreement attached hereto 2nd incorporated herein as though fully set forth is hereby approvec snd the Mayor of the City of Carlsbad is hereby authorized to sxecute the document. I/// I/// I/// I/// 3 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2a PASSED, APPROVED AND ADOPTED at a regular meeting of the City Zouncil of the City of Carlsbad, California, held on the 7th iay of February , 1984, by the following vote to wit: AYES: NOES : Nom ABSENT: None Council Pkmbers Casler, Kulchin, chick and Prescott 4TTFST: %@dL MARY H. SLER, Mayor GETHA L. RAUT RECORDING REQUESTED BY: 1 Assessors Parcel No. : 204-110-31 city clerk, City of Carlsbad 1 WHEN RECORDED MAIL To: 1 1 City of Carlsbad 1 1200 Elm Avenue 1 Carlsbad, California 92008 1 space above for recorder's use AGREEMENT IMPOSING RESTRICTIONS ON REAL PROPERTY This agreement is made and entered into this 9 t4 day of 9 Carlsbad, Califo!nia, a municipal corporation, hereinafter referred , 1984 by and between the City of to as "Carlsbad" and Joel Berlinsky and Denis Karpeles, hereinafter referred to as "applicant. " RECITALS A. Applicant is the Owner of certain real property located at 3334 Harding Street in the City of Carlsbad, County of San Diego, State of California more particularly described on Exhibit A attached hereto and incorporated by this reference. B. Applicant has filed an application for a General Plan Amendment from R-MH to R-VH (GPA/LU 83-S), a zone change from R-3 to RD-H (ZCA-282) and a site development plan for a 22 unit Page 1 of 7 apartment project at a density of 32.8 dwelling units per acre (SDP-83-7) (hereinafter referred to as "project") for the real property referred to above. The applications are collectively referred to hereinafter as the "application". A density of 32.8 dwelling units per acre is requested in order to assist Carlsbad in achieving the goals established by the Housing Element of the General Plan. To achieve those goals the 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 Chapter 21 -23 of the Carlsbad Municipal Code and with California Health and Safety Code section 55093 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 ten 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 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. /// /I/ /// Page 2 of 7 . .. E. 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 Carlsbad has required execution of this agreement 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 of the recitals and of Carlsbad's approval of the application and of the benefit conferred thereby upon the subject real property and the applicaton it is hereby agreed as follows: 1. Definitions - whenever the following words or phrases appear in this agreement they shall have the meaning established by this section. a. "Qualified Person or Family" or "Person or Family of Low or Moderate Income" shall mean persons and families whose income does not exceed 90% of the area median income adjusted for family size pursuant to the provisions of section 50093 of the State Health and Safety Code. Qualifications shall be verified by the Carlsbad Housing Authority. b. "Established Rent" shall mean the maximum monthly rent established for each 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 Page 3 of 7 7 and upon the size of the restricted unit. be affordable to qualified persons or families. Rent shall be deemed affordable if it does not exceed twenty five percent of the median monthly gross income of the qualified persons or families. In determining established rents the Director of Building and Established rents shall Planning shall base the determination upon the latest af fordabl rent schedule proposed by HUD as defined ln this agreement. AJcw Established rents shall be determined annually. 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. "Affordable Rent Schedule' means the affordable rents for median household income for San Diego County or the equivalent geographic area as annually established by the Federal Department of Housing and Urban Development (HUD) pursuant to Section 8 of the United States Housing Act of 1937. In the event that such determinations on schedules by the Department of Housing and Urban Development are discontinued the rent shall be set at twenty five percent of the monthly area 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 for the family size occupying the unit. The HUD income ranges and corresponding affordable rents for July 1983 are attached as Exhibit B. 2. Restrictions on the Project a. That for a period of ten years from the date of Page 4 of 7 Y . issuance of the certificate of occupancy for the project all units in the project shall be available for rental. If applicant submits an application for such conversion at any time during the ten year period approval or conditional approval of such conversion shall be subject to a condition that for the remainder of the ten year period for rental the applicant shall not convey individual units in the project. b. That for a period of ten years from the date of occupancy of the project any five of the dwelling units constructed shall be made available for rental to qualified persons or families. Each restricted unit shall be rented at an established rent. c. The design and exterior appearance of the reserved units shall be compatible with the nonreserved units within the development and shall contain on average the same or a larger number of bedrooms per reserved unit as the nonreserved units. 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 Page 5 of 7 7 families occupying the units to the Carlsbad Director of Building and Planning and the Housing Authority. 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 semi-annually to ensure performance of this aqreement by applicant. At any time, upon reasonable advance notice to the applicant, the Director of Building and Planning or the Housing Authority may inspect the project to ensure performance of this agreement. 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: Joel Berlinsky . Denis Karpeles Continental Properties Investments Suite 200 3007 Washington Boulevard Marina Del Rey, California 90291 To Carlsbad: Attn: Director of Building and Planning 1200 Elm Avenue Carlsbad, California 92008 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 . Page 6 of 7 1Q 6. This agreement constitutes the entire agreement between the parties and no modification shall be binding unless reduced to writing, signed by the parties hereto. 7. All questions pertaining to the validity and interpretation of this agreement shall be determined in accordance with the law of California applicable to contracts made and to be performed within the State. 6. This agreement shall remain in full force and effect for ten years from the issuance of the cerfiticate of occupancy for the project unless sooner cancelled by the City Council after a noticed public hearing on the matter. 9 . Applicant shall notify the Carlsbad Housing Authority of the availability of any restricted units. The Carlsbad Housing Authority may refer prospective tenants to applicant . The Applicant mayl but is not obligated to, participate in any housing program offered by the Housing Authority. ATTEST : CITY OF CARLSBAD L ' City Clerk . Page 7 of 7 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 effect for ten years from the issuance of the cerfiticatt 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. ATTEST: CITY OF CARLSBAD t I 5 L L pi \1 that executed the within instrument and acknowldged such partnership executed the same. WlTNCSS my hand and official seal. Signature &M& t& to me that r 7 of 7 ,- EXHIBIT A -> ... . Parcel B, in the City of Carlsbad, County of San Diego, State of California, as shown on page 499 of Parcel Mpas, filed in the Office of the County Recorder of San Diego County, April 15, 1971. APN - 204-110-31 .cc- f? 7 *. AFFORDABLE RENlS FOR THE COUNTY OF SAN DIEGO $26,400 is the HUD median income for a family of four iu of July, 1983 1 2 3 505 -4 5 6 7 b 0 602 b 1 2 3 4 5 6 7 a 1 2 3 4 5 - -6 7 a .- 651 1 2 3 4 5 6 7 8 701 1 :2 3 4 7 8 - - 6 $9 240 $13,200 $14,025 $14,850 $15,675 $16,500 $10,164 f:;:5E $1 1,616 s13;odS $14,520 $15,428 t:76:2; $98, is0 $11,088 $1 2,672 $14,256 $15,840 $1 6,830 $19,800 $12,012 $1 3,728 $15 , 444 $17,160 $18,233 $19,305 $20,378 $21,450 $12,936 314.784 ei6.532 3 2,480 :;9,635 520,790 s21,91rs f23,lOO $770 00 $990 00 $880.00 $1,100.00 $1,168*75 $1,237.50 $18306.25 $1,375.00 $847 $968.00 $1,089 a00 $1,210.00 $1,285 . 63 $1,36la2S $1,436.88 $1,512.50 $924 . 00 $1 ;056.00 $1,188.00 $1,320.00 $1,402.50 $1,485000 $1,567.50 $1,65OeOO $1,001 .OO $1,144.00 $1,287.00 $1,430.00 $1,519.38 $1,608.75 $1,787.50 $1,078.06 $1,232.00 $1,386.O0 $7, j40.00 Si ,636.25 $18698. 13 -‘I 9732.50 $1,925.00 s: ,328.75 . ‘269.50 5346.50 $385.00 5409. 06 s433.13 3308.00 $457.19 $481.25 _- F- A. ._ . a. 1 2 3 755 4 5 6 7 -8 1 2 4 3 80% b 4 5 6 7 .a 1 2 3 855 4 5 6 7 8 90% 95% I 2 3 4 5 6 7 0 t 2 3 4 5 6 7 a $13,860 $1 5,840 $17,820 $19,&0 $21,038 $22,275 $23,513 $24,750 $14,784 $16,896 $19,008 $21,120 $22,4J+O $23,760 $2s,080 $26 , 400 $15,708 $17,952 $20,196 $22,440 $23,8a3 $25,245 $26,648 $28,050 $16,632 $19,OOs $21,384 $23,760 $25,245 $26,730 $28,2 15 $29,700 $17,556 $20,064 $22,572 $28,215 829,783 $31,350 g;s $1 8 155.00 $1,320.00 $1,485.00 $1,650 .OO $1,753.13 $1 ,856.25 $1,959.38 $5062.50 $1,232.00 $1,408.00 $1,584.OO $1,760.00 $1,870.00 $1,980.00 $2,og0.00 $2 , 200 000 $1,309.00 $1,683-00 $1,496.oO $1,870.00 $1,986.88 $2,220.63 $1,386.00 $1,584.00 $1,782.00 $1,980.00 $2,227 50 $2,351 -25 $1,463.00 $1,672.00 $1,881 .OO $2,090 . 00 $2,220 63 $2,481.88 $2,612.50 $2,103.75 $2,337 50 $2,103.75 $2,475.00 $2,351 025 $288 07s $330 .OO $371 -25 $4 12.50 $438.28 $464.06 $489.84 $515.63 $308.00 $352.00 $396-00 SMO.00 $467*50 $495.00 $522.50 $550.00 8327.25 $374.~ $420.75 $467.50 $496 -72 $525.94 $555.16 $584 . 38 $346.50 $396.00 8445 . 50 $495 -00 $525194 $556 . 88 $507.81 $6 18 -75 $365 75 $418.00 $470.25 $522.50- $555.16 $587.81 $620 . 47 $653.13 - $396.00 $445 . 50 $495 -00 $525.94 $S56.88 $97.81 $369 . 60 $422 . 40 $475.20 $561 .OO $594.00 56n.w $660 -00 $392.70 $448.80 $504.90 $561 .OO $596.06 - $666.19 $701.25 $415.80 $534 . 60 $594 . 00 $631 . 13 $668.25 $705.38 - $742 . 50 $438 90 $501 .60 $564 30 $627 .OO $666 . 19 $705 38 $744.56 $783.75 $618.75 $528.00 $631 13 $475 20 1.1 .-a- .*. ,. /--. . . Annual Income Honthly Income 5 Mzdian Size of lnCOme Famlly 1 2 3 1005 4 5 6 7 1 - a $1,540.00 $1,760.00 $1,980.00 $2,200 . 00 $2,3 3’7 50 $2,117 5 . 00 $2,612.50 $28750.00 $35.00 $440.00 $495.00 $550 .OO $584.38 $618 e75 $653.13 $687.50 $404.25 $462.00’ . $519.75 Ssn.50 $6 13.59 ‘$649.69 $685.78 $721.88 - $462.00 $528 . 00 $594 . 00 $660.00 $701.25 $742 . 50 $825.00 $703.75 $485.10 $554.40 $623 70 $693.00 $736 31 $T79 63 $822.94 $866.25 2 3 -4 S 6 4 b 105% $423.50 $484.00 S544.M sbo5.00 $642.81. $680.63. .I $7 1 8.44 $756 25 $508.20 $580.80 $653.40 $726.00 - $771.38 $816.75 $862.13 $907 50 .- 1 2 -3 110s 4 5 6 7 8 1 2 3 4 5 6 - 7- a $1,771 $2 277 00 $2 530 00 $2,024.00 $2,688.13 $2,846 . 25 $3,162.50 $3 004.38 W2*7S $506 . 00 $569.25 $632 . 50 $672 . 03 $711 -56 - $751.09 $790 . 63 $531 30 $607.20 $683.10 $759.00 $806 . 44 M53.88 $?01.31 594w5 115% .- $1,848.00 $2,640 .OO $2,805.00 $28112.00 $2 , 316 00 $2,970 e00 $3,135.00 $3,300 =oo $462 . 00 $528 -00 $594 00 $660.00 $70 1-25 $742.50 $825.00 $783 75 $554 . 40 $633.60 $712.80 $792 00 $841.50 $891 .OO $94o.so 8990 000 . 1 ’2 3 1205 4 5 G6 7 8