HomeMy WebLinkAbout1984-02-07; City Council; 7552-2; Zone Change & SDP- Harding St Apartments‘I N3 @ CITI~F CARLSBAD - AGEND~ BILL
\B# 7552-2
2/7/84
IEPT. CA
Tm ZONE CHANGE AND SITE DEVELOPMENT PLAN DEPT.HD. FOR A 22 UNIT APARTMENT COMPLEX ON HARDING c,nAmVF& ST-ET BETWEEN PINE AND CHESTNUT AVENUES ZC-282/SDP 83-7 CITY MOR.%-
RECOMMENDED ACTION:
If the City Council wishes to approve the project your action is to adopt Ordinance No. 9710 approving ZC-282 and Resolution
No. 747r approvins SDP 83-7.
ITEM EXPLANATION
The City Council at their meeting of November 1, 1983 instructed
the City Attorney to prepare the documents approving ZC-282,
SDP 83-7, and an agreement with the developer for low and
moderate income housing. The ordinance and resolution are
attached. The agreement is attached to a separate agenda bill
for the February 7, 1984 meeting.
EXHIBITS
Ordinance No. ‘9n-0,
Resolution NO. 7r/9r
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RESOLUTION NO. 7498
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS A SITE DEVELOPMENT PLAN 83-7 FOR A 22 UNIT APARTMENT COMPLEX ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF HARDING STREET BETWEEN PINE AVENUE AND CHESTNUT AVENUE. SDP 83-7/GARAPICH NOGLE
WHEREAS on October 12, 1983, the Carlsbad Planning
Commission adopted Resolution No. 2200 approving SDP 83-7; and
WHEREAS, the City Council of the City of Carlsbad, on
November 1 , 1983 held a public hearing to consider the
recommendations and heard all persons interested in or opposed to
Site Development Plan No. 83-7; and
WHEREAS, the Land Use Planning Manager and the Planning
Commission have determined that the amendment will not have any
significant impacts on the environment and a Negative Declaration
has been prepared, filed and approved by the Planning Commission
on August 24, 1983 in satisfaction of the requirements of the
City of Carlsbad Environmental Protection Ordinance of 1980 and
the California Environmental Quality Act,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad, California as follows:
A. That the above recitations are true and correct.
B. That the findings of the Planning Commission in
Resolution No. 2200 constitute the findings of the City Council
in this matter.
C. That Site Development Plan No. 83-7 together with
the provisions for its design and improvement and subject to the
conditions of this resolution, is consistent with all applicable
general and specific plans of the City of Carlsbad.
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D. That Site Development Plan No. 83-7 is hereby
approved subject to all applicable requirements of the Carlsbad
Municipal Code and to the satisfaction of the conditions
contained in Planning Commission Resolution No. 2200, dated
October 12, 1983 marked Exhibit A, attached hereto and made a
part hereof.
PASSED, APPROVED AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, held on
the 7th day of February , 1984 , by the following
vote, to wit:
AYES:
NOES: Cauncil &mber fRwis
Council bkmbms Casler, Kulchin, Chick and Prssoott
ABSENT: -
%dL.
ASLER, Mayor
ATTEST:
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PLANNING COMMISSION .RESOLUTION NO. 2200
A RESOLUTION OF THE PLANNING COMKISSION OF THE CITY OF
PROPERTY GENERALLY LOCATED ON 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
CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN or
City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request a
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 off ice 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.
(B) That based on the evidence presented at the public hearing th Commission APPROVES SDP 83-7, based on the following findings
and subject to the following conditions:
F ind ings :
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.
:ond i t ions :
I) Approval is granted for SDP 83-7, as shown on Exhibit nXn,
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.
final map shall not be approved unless the City Council finds as of the time of such approval that sewer service is availablc to serve the subdivision.
3) 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 .
I) This project is approved upon the express condition that the
?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.
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.
If
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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PC 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 sound buffered from adjacent properties and streets, pursuant to Building Department Policy No. 80-6, to the satisfaction of the Land Use Planning Manager and Building and Planning Director,
23) Prior to the. issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department,
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" bj 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. 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.
The developer shall also submi-t
Prior to the issuance of a grading permit, the haul route shall
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 a1 all times, and shall have posted "No Parking/Fire Lane Tow Awa: Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code. 11 Fire Conditions: 23
PC RES0 NO, 2200 -4- 29 7
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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 nunber of units equal to the density bonus granted, in this case (9) units, be set aside for affordable rents.
?lanning
:he 12th
9TTEST :
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.
That these rental units remain subject to the above criteria for a period of twenty (20) years. c)
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on
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
YICHAEL J. HOLZMILLER
LAND. USE. PLANNING MANAGER
PC RES0 NO. 2200 -5-
October 5, 1983
TO : LIVlJD USE PLANNING .MANAGER
F,SOM: Community Redevelopment Manager
AFFORDABLE HOUSING PROVISION-GARAPICH/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).
Vhile 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). .
1) That five (5) units in the project will be available
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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 ranqe 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.
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'AFFORDABLE HOUSINL -fiOVISION
GARAPICH /NOGEL GPA 83-5 . PAGE 2
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2) That the rents for these units not exceed 25% of
80% of the median income affordable rent as
defineC by HUD or the current Carlsbad Apartment
Survey median rent whichever is lower.
criteria for twenty (20) years. 3) That these rental units remain subject to this
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 $440.04 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. in South Carlsbad or by the Palomar Industrial Park may require
different consideration.
A project located
CHRIS SALOMONE
.. CS:al
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AFFORDABLE RENTS FOR THE COUNTY OF SAN DIEGO
$26,400 is the HUD median income
for a family of four as of July, 1983
ATTACHtYENT I
%Median Size of Annual Monthly Affordable Rent %
Income Family Income Income 25% ________-_----.-------.-----------------.--..------------------------.---.----~
I $9,240 $770.00 $192 . 50
3 $11,880 $990.00 $247.50
50% 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
2 $10,560 $880 . 00 $220.00
8 $16,500 $1,375.00 $343.75
75%
80%
100%
1 $13,860
2 $15,840
3 $17 , 820 4 $19,800
5 $21,038
6 $22,275 7 $23,513 8 $24,750
$14 , 784 $16,896
$19,008
$21,120
$22,440 $23,760
$25,080
$26,400
$1 , 155.00
$1,320.00 $1,485.00
$1,650.00
$1,753.13 $1,856.25
$1,959.38 $2,062.50
$1 , 232 . 00
$1,408 . 00
$1,584.00
$1,760.00
$1,870 -00
$1,980.00
$2,090.00
$2 ,200.00
$288.75
$330.00
$371.25 $412.50
$438.28 $464.06
$489.84 1 $515.63 1
$308 . 00 - Bdr.
$352.00 City
$396.00 Proposed - 2 Bdr.
$440.00 Range $467.50 - 3 Bdr.
$495.00 $522.50 - 4 Bdr.
$550.00
1 $18,480 $1,540.00 $385000 ApplicanE 1 Bdr. 2 . $21,120 $1,760.00 $440.00 3 $23,760 $1,980.00 $495.00 Range 4 $26.400 $2.200 . 00 $550.00
Proposed- 2 Bdr,
.- 5 $28,050 $2;337.50 $584 . 38 - 3 Bdr. 6 $29,700 $2,475.00 $618.75
7 $31,350 $2,612.50 $653.13 - 4 Bdr. 8 $33,000 $2,750.00 $687.50
1 $22,176 2 $25,344 3 $28,512
120% 4 $31,680
5 $33,660 6 $35,640 7 $37,620 8 $39,600
$1,848 -00 $462.00
$2,112.00 $528 . 00
$2,376.00 $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
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ORDINANCE NO . 9710
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-282) FROM R-3 TO RD-H ON APPROXIMATELY .67 ACRES OF PROPERTY
LOCATED AT 3334, HARDING STREET. APPLICANT: GARAPICH-NOGLE CASE NO: ZC-282
The City Council of the City of Carlsbad, California does
ordain as follows:
SECTION 1: Title 21 of the Carlsbad Municipal Code is
amended by the amendment of the zoning map to grant a zone change
(ZC-282) from R-3 to RD-H on approximately .67 acres of property as
shown on the map marked ZC-282 - Exhibit A, attached hereto and
made a part hereof.
SECTION 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 August 29, 1979 and
amended on April 2, 1982, on file with the City Clerk and incorpor-
ated 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. Said fees shall
be paid based on the April 2, 1982 version of Policy No. 17.
EFFECTIVE DATE: This ordinance shall be effective thirty
days after its adoption, and the City Clerk shall certify to the
adoption of this ordinance and cause it to be published at least
once in the Carlsbad Journal within fifteen days after its
adopt ion. )I
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INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 1st day of Nmmber i
1983, and thereafter
PASSED AND ADOPTED at a regular meeting of said City
Council held on the 7th day of MuarY , 1984, by
the following vote, to wit:
AYES: Council Mmbers Casler, Kulchin, Chick and Preset
NOES: Council Lewis
ABSENT: None
ATTEST:
(SEAL)
-2- /3
EXHIBIT A ZC-282
ZONE CHANGE R-3 TO RD-H
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