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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. Qui Oo:Q.Q. 3 _i Oz oo 1 ORDINANCE NO. 9711 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 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 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. 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 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 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 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, i i F. BIONDO, JR.r • CITY OF CARIELM AVENUEILIFORNIA 92008LU Z 5 •>o § 5 9 5 5 13 i 8 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 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 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 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 Q _ < CO03 3 3 S O 3 UL '. >• Ul < • h «o >. <£ g S 4 F 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 y^ 1 2 3 4 5 14 15 22 23 24 25 26 27 28 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. 16 EXCEPTING THEREFROM THE Northwesterly 212 feet.; 17 WHEREAS, at said hearing, upon hearing and considering all 18 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. 21 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 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Findings: 2 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 . 6 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. 15 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 < 20 21 22 23 24 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. 25 26 27 28 PC RESO NO. 2243 -3-EXHIBIT A n. 8 10 12 13 14 15 16 18 22 23 24 25 26 27 28 1 Land Use Planning 2 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. 7 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. 11 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. 17 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. 21 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 6 8 10 11 12 13 14 16 18 19 20 21 22 23 24 25 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, 15 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, 17 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: 26 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. 28 PC RESO NO. 2243 -5- .r EXHIBIT A 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 Fire 26) 27) 28) 29) 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 -«- ! I I UJ I 'Si 1 2 •a 4 5 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 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 n ? 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 )