HomeMy WebLinkAbout1984-03-06; City Council; 7646-1; General Plan Amendment and Zone ChangeCIT JF CARLSBAD — AGENDA ILL
AR# 7646-1
MTG. 3/6/84
DEPT. CA
TITLE: GENERAL PLAN AMENDMENT
CHANGE FOR PINE STREET
GPA/LU 83-20/ZC-297/SDP 83-10
APARTMENTS
- PAUTSCH
DEPT HD.
CITY ATTvU/>X
CITY MGR.<^X.,, -
RECOMMENDED ACTION:
If the City Council wishes to approve the project your actions
are:
Adopt Ordinance No. 9711 approving ZC-297.
Adopt Resolution No. <7V5"3 / approving GPA/LU 83-20.
Adopt Resolution No. ~7J~3 ^ approving SDP 83-10.
Adopt Resolution No. "7-^33 approving the agreement
imposing restrictions on real property.
ITEM EXPLANATION
The City Council at your meeting of February 21, 1984 directed
the City Attorney to prepare documents approving a 50 unit
project on 1.49 acres of property generally located on the
north side of Pine Avenue, immediately west of the AT & SF
Railroad. Those documents are attached.
EXHIBITS
Ordinance No. 9711
Resolution No.
Resolution No. 3t
Resolution No.
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ORDINANCE NO. 9711
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
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CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE
CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING
• MAP TO GRANT A CHANGE OF ZONE (ZC-297) FROM R-3
TO RD-H ON 1.49 ACRES ON PROPERTY GENERALLY
LOCATED AT 336 AND 372 PINE STREET
APPLICANT: PAUTSCH
CASE NO; ZC-297
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 a zoning map from R-3 to RD-H on
property as shown on the map marked ZC-297 - Exhibit Y, 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
incorporated herein by reference, and according to the agreement
executed by the applicant for payment of said fee. A copy of that
agreement dated November 22, 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
adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 6th day of March
1984 and thereafter
adjourned
PASSED AND ADOPTED at a/regular meeting of said City
f 1934 byCouncil held on the 13th day of March
the following vote, to wit:
AYES: Council Members easier, Lewis, Kulchin, Chick and Prescott
NOES: None
ABSENT: None
MARY H.^CASLER, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ,
(SEAL)
-2-
ZONE CHANGE
SITE
FROM R-3 TO RD-H
GPA/LU 83-20
ZC-297
PINE STREET ARTS.SDP 83-10
0-«««m
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RESOLUTION NO.7531
A RESOLUTION OP THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING THE LAND USE ELEMENT
OF THE GENERAL PLAN TO CHANGE THE LAND USE
DESIGNATION FOR ONE AREA OF THE CITY'S GENERAL PLAN
- GPA/LU 83-20 - PAUTSCH.
WHEREAS, the Planning Commission did on January 25, 1984
hold duly noticed public hearings as prescribed by law to
consider amendments to the Land Use Element of the General Plan
GPA/LU 83-20; and
WHEREAS, the Land Use Planning Manager and the Planning
Commission have determined that said amendment will not have
significant impacts on the environment and a Negative Declaration
has been prepared and filed in satisfaction of the requirements
of the City of Carlsbad Environmental Portection Ordinance of
1980 and the California Environmental Quality Act; and
WHEREAS, the City Council did on February 21, 1984 hold
duly advertised public hearing to consider said amendment and at
said time received the recommendations, objections, protests and
comments of all interested persons desiring to be heard; and
WHEREAS, the City Council, after considering the
proposed change to the Land Use Element of the General Plan,
directed the City Attorney to return with appropriate documents
to allow the City Council to approve the change; and
WHEREAS, this amendment is approved in conjunction with
an agreement whereby the property owner has agreed to provide
twenty-five percent of the project for housing for persons or
families of low to moderate income; and
WHEREAS, this project is consistent with and will
further the purposes of the Housing Element of the General Plan,
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F. BIONDO, JR.r • CITY OF CARIELM AVENUEILIFORNIA 92008LU Z 5 •>o § 5 9
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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 as set
forth in Planning Commission Resolution No. 2241 (GPA/LU 83-20)
constitute the findings of the City Council.
C. That this amendment conplies with the provisions of
Section 65361 (b) of the Government Code and is, therefore, exempt
from the provisions of Section 65361 (a) of the Government Code.
D. That the Land Use Element of the General Plan is
amended as follows:
1 . GPA/LU 83-20: Change the land use element from
High Density Residential (R-H) to Very High Density Residential
(RVH) on property generally located on the north side of Pine
Avenue immediately west of AT & SF Railroad, as shown on the map
marked Exhibit X attached hereto and made a part hereof.
PASSED, APPROVED AND ADOPTED at a/regljfarmeeting of the
Carlsbad City Council held on the igth day of
1984 by the following vote, to wit:
AYES: Council Members Casler, Lewis, Rulchin, Chick and Prescott
NOES :
ABSENT:
ATTEST:
MARY H. CXSLER, Mayor/
ALETHA L. RAUTENKRANZ, Citjy Clerk
LOCATION MAP
EXHIBIT X
SITE
R-H to RVH
V-352
GPA/LU 83-20
ZC-297
PINE STREET ARTS.SDP 83-10 7
3 m
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RESOLUTION NO. 7532
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS
A SITE DEVELOPMENT PLAN 83-10 FOR A 50 UNIT
APARTMENT PROJECT CONTAINING A MINIMUM OF 25%
LOW AND MODERATE INCOME UNITS ON 1.49 ACRES OF
PROPORTY GENERALLY LOCATED ON THE NORTH SIDE OF
PINE AVENUE, IMMEDIATELY WEST OF THE AT & SF
RAILROAD.
APPLICANT: PINE STREET APARTMENT COMPLEX
SDP 83-10.
WHEREAS on January 25, 1984, the Carlsbad Planning
Commission adopted Resolution No. 2243 approving SDP 83-10; and
WHEREAS, the City Council of the City of Carlsbad, on
February 21, 1984 held a public hearing to consider the
recommendations and heard all persons interested in or opposed to
Site Development Plan No. 83-10; 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
dated January 9, 1984 has been prepared, filed and approved by
the Planning Commission on January 25, 1984 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. 2243 constitute the findings of the City Council
in this matter.
C. That Site Development Plan No. 83-10 together with
the provisions for its design and improvement and subject to the
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conditions of this resolution, is consistent with all applicable
general and specific plans of the City of Carlsbad.
D. That Site Development Plan No. 83-10 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. 2243, dated
January 25, 1984 marked Exhibit A, attached hereto and made a
part hereof, with the addition of the following condition:
"30. The City shall conduct a study to determine the
need for a sidewalk. If, based upon the study, the City
Council determines that a sidewalk is necessary along
the railroad right of way the developer will construct
the sidewalk.
PASSED, APPROVED AND ADOPTED at a/tegular meeting of
the City Council of the City of Carlsbad, California, held on
the 13th day of M^T^H , 1984, by the following
vote, to wit:
AYES: Council ffentoers easier, Lewis, Kulchin, Chick and Prescott
NOES: None
ABSENT:
ATTEST:
MARY H. yCASLER, Mayor
(i OiJbk*. z.
ALETHA L. RAUTENKRANZ , City Clerk
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CASE NO: SOP 83-10
6 WHEREAS, a verified application has been filed with the
7 City of Carlsbad and referred to the Planning Commission; and
8 WHEREAS, said verified application constitutes a request
9 as provided by Title 21 of the Carlsbad Municipal Code; and
10 WHEREAS, pursuant to the provisions of the Municipal code,
11 the Planning Commission did, on the 25th day of January, 1984,
12 consider said request on property described as:
13 The Northeasterly 159 feet of Tract 99 of Carlsbad Lands,
PLANNING COMMISSION RESOLUTION NO. 2243
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A SITE
DEVELOPMENT PLAN NO. 83-10, TO ALLOW DEVELOPMENT OF A
FIFTY UNIT APARTMENT PROJECT ON 1.49 ACRES OF PROPERTY
GENERALLY LOCATED ON THE NORTH SIDE OF PINE AVENUE,
IMMEDIATELY WEST OF THE AT & SF RAILROAD.
APPLICANT: PINE STREET APARTMENT COMPLEX
in the City of Carlsbad, County of San Diego, State of
California, according to the Map thereof No. 1661, filed
in the Office of the County Recorder of San Diego, March
1, 1915.
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EXCEPTING THEREFROM THE Northwesterly 212 feet.;
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WHEREAS, at said hearing, upon hearing and considering all
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testimony and arguments, if any, of all persons desiring to be
19 heard, said Commission considered all factors relating to Site
20 Development Plan No. 83-10.
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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 recommends APPROVAL of SDP 83-10,
based on the following findings and subject to the following
conditions:
EXHIBIT A
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Findings:
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1) The density of the project is consistent with the RVH General
Plan designation and RD-H zone.
2) The site is physically suitable for the type and density of
the development since the site is adequate in size and shape
to accommodate residential development at the density pro-
posed .
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3) 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
final map will not be approved unless the City Council
finds that sewer service is available to serve the
project. In addition, the Planning Commission has added a
condition that a note shall be placed on the final map
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.
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b) The Carlsbad School District has written a letter, dated
January 24, 1984, stating that school facilities will be
available to this project.
c) All necessary public improvements have been provided or
will be required as conditions 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.
4) The proposed project is compatible with the surrounding future
| land uses since surrounding properties are designated for
residential development on the general plan.
>C PESO NO. 2243 -2-_ .EXHIBIT A <
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5) This project will not cause any significant environmental
impacts and a Negative Declaration has been issued by the Land
Use Planning Manager on January 9, 1984 and approved by the
Planning Commission on January 25, 1984.
Conditions:
1) Approval is granted for SOP 83-10, as shown on Exhibits "A
B" and "C", dated January 25, 1984, incorporated by reference
and on file in the Land Use Planning Office. Development
shall occur substantially as shown unless otherwise noted in
these conditions.
2) This project is approved upon the express condition that
building permits shall not be approved unless the City Council
finds as of the time of such approval that sewer service is
available to serve the development.
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
sewer facilities are available at the time of application for
such sewer permits and will continue to be available until
time of occupancy.
4) 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 2r 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 November
22, 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
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.
6) 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.
7) Water shall be provided by the City of Carlsbad unless some
other arrangement is approved by the City Council.
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PC RESO NO. 2243 -3-EXHIBIT A n.
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Land Use Planning
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8) 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.
9) The applicant shall prepare a detailed landscape and irriga-
tion plan which shall be submitted to and approved by the Land
Use Planning Manager prior to the issuance of building
permits.
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10) All landscaped areas shall be maintained in a healthy and
review and approval of the Land Use Planning Manager prior to
installation of such signs.
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12) Trash receptacle areas shall be enclosed by a six-foot high
thriving condition, free from weeds, trash, and debris.
11) Any signs proposed for this development shall be designed in
conformance with the City's Sign Ordinance and shall require
masonry wall with gates pursuant to City standards. Location
of said receptacles shall be approved by the Land Use Planning
Manager.
13) 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.
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14) Approval of SDP 83-10 is granted subject to approval of
GPA/LU 83-20, ZC-297 and V-352.
19 15) The developer shall enter into an agreement, Exhibit "Z"
attached, dated January 25, 1984 to provide for low and
20 moderate income housing, prior to the issuance of building
permits.
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16) Approval of SDP 83-10 is granted subject to City vacation of
10 feet of existing right-of-way along the property frontage
along Pine Avenue. This condition shall in no way bind the
City to vacate this area. If the City chooses not to vacate,
this SDP 83-10 is not approved.
17) The developer shall install a view-obscuring fence along the
western and northern property lines. This fence shall be
constructed of masonry block, brick stucco or a combination
thereof subject to the approval of the Land Use Planning
Manager.
PC RESO NO. 2243 -4- CVIIlRlT A Jft
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Engineering
18) The grading for this project is defined as "controlled grad-
ing" by Section 11.06.170(a) of the Carlsbad Municipal Code.
Grading shall be performed under the observation of a civil
engineer whose responsibility it shall be to coordinate site
inspection and testing to insure compliance of the work with
the approved grading plan, submit required reports to the City
Engineer and verify compliance with Chapter 11.06 of the
Carlsbad Municipal Code.
19) No grading shall occur outside the limits of the subdivision
unless a letter of permission is obtained from the owners of
the affected properties.
20) 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.
21) All slopes within this project shall be no steeper than 2:1.
22) Additional drainage easements and drainage structures shall be
provided or installed as may be required by the County
Department of Sanitation and Flood Control or the City Engi-
neer,
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23) The owner of the subject property shall execute a hold
harmless agreement regarding drainage across the adjacent
property prior to approval of the final map,
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24) The drainage system shall be designed to ensure that runoff
resulting from a 10-year frequency storm of 6 hours or 24
hours duration under developed conditions, is equal to or less
than the runoff from a storm of the same frequency and
duration under existing developed conditions. Both 6 hour and
24 hour storm durations shall be analyzed to determine the
detention basin capacities necessary to accomplish the desired
results.
25) Improvements including, but not limited to, the following
items shall be installed by the developer and approved by the
City Engineer prior to occupancy of any unit in the
development. The installation of said improvements shall be
guaranteed by a secured agreement obtained by the developer
in an amount and of a type required by the Carlsbad Municipal
Code prior to the issuance of a Building Permit for any
portion of the project. To wit:
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a) Complete half-street improvements on the northerly side
27 of Pine Street plus a 12 foot wide lane on the southerly
side of Pine Street.
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PC RESO NO. 2243 -5- .r
EXHIBIT A
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Fire
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b) Street lighting.
c) Temporary turn-around.
d) ' Street trees.
A fire hydrant, conforming to applicable City standards,
shall be provided adjacent to the westerly driveway entrance.
Additional public and/or onsite fire hydrants shall be
required if deemed necessary by the Fire Marshall.
All required fire hydrants, water mains and appurtenances
shall be operational prior to combustible building materials
being located on the project site.
Fire retardant roofs shall be required on all structures.
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.
••
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 25th day of January, 1984, by the following vote, to wit:
AYES: Chairman Rombotis, Commissioners Rawlins,
Marcus, Lyttleton and Smith.
NOES: None.
ABSENT: Commissioner Farrow.
ABSTAIN: Commissioner Schlehuber.
^^•^
«czr" — ^ ^^ _-g~"-\_^^f^ X^^Fzr,x<JERHY RpMBOTIS, Chairman
/X'"£JHa,SBAD PLANNING COMMISSION
ATTEST:
41A
* it //A 1 1 ( J Ins
1 \l\mrs\ *. vm \ i nvy«ifcjf vn ^-" f
MICHAEL J. HOZrVlILLEtK
LAND USE PLANNING MANAGER
IS
EXHIBIT A &PC RESO NO. 2241 -«-
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RESOLUTION NO. 7533
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT
IMPOSING RESTRICTIONS ON REAL PROPERTY BETWEEN THE
" CITY OF CARLSBAD AND JOHN R. PAUTSCH TO PROVIDE FOR
LOW AND MODERATE INCOME HOUSING IN A 50 UNIT
APARTMENT COMPLEX ON 1.49 ACRES OF PROPERTY
GENERALLY LOCATED ON THE NORTH SIDE OF PINE AVENUE,
IMMEDIATELY WEST OF THE AT & SF RAILROAD AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT.
WHEREAS, the City of Carlsbad and John R. Pautsch have
reached an agreement regarding the provision of low and moderate
income housing,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad as follows:
1 . That certain agreement between the City of Carlsbad
and John R. Pautsch entitled "Agreement Imposing Restrictions on
Real Property", a copy of which is attached hereto marked
Exhibit A and made a part hereof is hereby approved.
2. That the Mayor of the City of Carlsbad is hereby
authorized and directed to execute said agreement for and on
behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a/r^SWP^neeting of the
City Council of the City of Carlsbad, California, held on the
13th day of Mamh _ r 1984, by the following vote to wit:
AYES: Council Mentoers Casler, Lewis, Kulchin, Chick and Prescott
NOES : None
ABSENT: None
<C-a-C^3^\__—
ATTEST:
MARY H. QXSLER, Mayor
ALETHA L. RAUTENKRANZ, C
EXHIBIT "Z*
January 25,1984
RECORDING REQUESTED BY: ) Assessors Parcel No.:
)
WHEN RECORDED HAIL TO: )
)
City of Carlsbad )
1200 Elm Avertue )
Carlsbad, California 92008 j space above for recorder's use
AGREEMENT IMPOSING RESTRICTIONS ON REAL PROPERTY
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 John R. Pautsch, hereinafter referred to as
"applicant."
RECITALS
A. Applicant is the owner of certain real property
located at 336 and 372 Pine Avenue 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 RH to RVH (GPA/LU 83-20), a zone change from R-3
to RD-H (ZC-297) and a site development plan for a 50 unit
EXHIBIT A
Page 1 of 7
apartment project at a density of 33.5 dwelling units per acre
(SDP-83-10) (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 33.5
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 thirteen 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 thirteen 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.
, - f OHIBIJAPage 2 of 7
E. In order to ensure the continued availability of this
project as a rental project and the continued availability of
thirteen 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
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and upon the size of the restricted unit. Established rents
shall 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 Planning shall base the determination solely upon
the latest affordable rent schedule proposed by HUD as defined in
this agreement provided, however, that the established rents
shall not exceed the prevailing fair market rent for comparable
units in the area. 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 fam:ly.
c. "Affordable Rent Schedule* means the affordable
rents for median household income for San Diego County or the
equivalent reographic 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.
Page 4 of 7
2. Restrictions on the Project
a. That for a period of ten 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
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 thirteen 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 in varying locations on the site.
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
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 agreement 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: John R. Pautsch
2204 Waterfront Drive
Corona Del Mar, California 92625
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
EXHIBIT A
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 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 may, but is not obligated to, participate in any housing
program offered by the Housing Authority.
CITY OF CARLSBAD
Bys
Page 7 of 7
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
March 15, 1984
John R. Pautsch, Jr.
2204 Waterfront Drive
Corona Del Mar, CA 92625
TELEPHONE:
(714) 438-5621
Cttp of Cartebab
Enclosed for your records, please find a copy of the
following Ordinance & Resolutions __ , adopted by the
Carlsbad City Council on March 13. 1984 _ •
*0rdinance No. 9711 and Resolutions No. 7531, 7532, 7533
Sincerely,
LEE RAUTENKRANZ,
LR:adm
Enclosures ( 4 )