HomeMy WebLinkAbout1985-08-20; City Council; 7437-2; GENERAL PLAN AMENDMENT, ZONE CHANGE AND SITE DEVELOPMENT PLAN FOR A 24 UNIT APARTMENT PROJECT - GPA-69 B | ZC-277 | SDP 83-5 - ZIMMERMAN|CHANDLERd
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AB# 7437-*2 TITLE GENERAL PLAN AME"T, mm CHANGE DEPT.
MTG.- 24 UNIT APA."T PROJECT - GPA-69(B)/ CITY 1 - AND SITE lXVl?IDl?M.E!NT PIAN FOR A
DEPT. pLN ZC-277/SDP 83-5 - ZIMMF,RMAN/CHANJXER CITY I
RECOMMENDED ACTION:
If the City Council wishes to approve a General Plan amendment, zone chqc site developtent plan and agreement inpsirig restrictions on property all j
24 unit lm and derate inane housing project, your action is to adopt Resolutions No. F! 47 , 81 48 , and 91 99 , and introduce Ordinance No.
Item Explanation
This item is a request for adoption of documents approving Wee applicatic
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The property is .59 acres in size and located at the southeast corner of Ha
Street and Oak Avenue.
Adoption of the documents approving these applications was continued frm t
City Council meeting of August16, 1983. This continuance was granted to a
the applicant to sign the attached agreerzlent imposing restrictions on the
property. This agreerent basically required that the project remain as a r project for 10 years frcm the issuance of a certificate of cccupancy and th
25% of the units be reserved for persons or families of low-derate inme
The approval of the General Plan anendment, zone change and site developnen plan was subject to the preparation and signing of the above mntioned
agreemsnt .
The applicant did not sign this agreemnt and submitted a condominium proje
with a density of 40 du/ac on this site on Noveer 13, 1983. This project should not have been accepted and processed since it was in violation of ~I
existing General Plan and zoning as well as City Council Policy 7872. proposed condominium project was denied by the Planning COrranission and appe
to City Council.
For mre details see the attached mr fran the City Attorney's Office dated April 19, 1985.
Following Council action on the proposed condominium permit the applicant s
the agreemnt to try and get final approvals as a rental project and reserv
of the units for persons or families of low-moderate incane. The applicant
requests that the Council approve Resolutions No. X] q 7 I 81 cf 8- I and g 1'-1q , approving the proposed General Plan amendmnt, site developnt p:
and property restrictions and introduce Ordinance No. 9 76 ? , approving - zone bange.
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A General Plan amendment frm RMH (10-20 du/ac) to RVH (30-40 du/ac) .
A zone charge frm R-3 to RD-H (Residential Density High); and
A site development plan for a 24 unit apartment project.
The
Council indicated they could mt support tke project as proposed and returned it to staff.
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Page 2 of Pgenda Bill No. 74,77- *a
The Council should be aware that this project was originally approved by t
Planning Canmission over two years ago hen very few apartment projects ws
being constructed in Carlsbad. This was a mjor factor in approving the 1-
density proposed for this project. Since that tire many apartment project been constructed in Carlsbad. In addition this project does not appear tc
confomnce with the actions of the General Plan Review Camnittee mi&
recamnended an overall lavering of the higher density ranges. As Entione
project is at a density of 40 du's/acre. This item was not publicly notic
since the City Council closed the public hearing on July 5, 1983.
ENVIRONMEWTAL REvlEw
The Land Use Planning Manager has determined that this project will not ca
any significant environmental impacts and, therefore, has issued a Negativ
Declaration, dated May 25, 1983, which was approved by the Planning Cds
on June 8, 1983. A copy of the enviromntal ¤ts is on file in the :
Use Planning Office.
FISCAL IMPACT
The increased need for city capital facilities resulting frm this develop
will be offset by the payment of the public facilities fee. facilities related directly to this developat will be constructed and pa:
by the developer.
Increased operating expenses related to this developnt will be offset to
extent frm increased tax or fee revenue generated by the developrent. NO detailed econQmic impact analysis of this development has been conducted 2
tire so predictions of the prtion of operating expenses covered by additic
operating revenue created as a result of this project cannot be mde.
EXEIIBITS
1. Resolution No. 81 '-1 GPA-69(B)
2. Resolution No. -4- rjq (SDP 83-5)
3. Resolution No. k! qT (Approving the Developnent Agreement)
5.
~ny capital
4. Ordinance No. 9 76 9 (ZC-277)
Mmrandm to the Mayor and City Council dated, April 19, 1985
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RESOLUTION NO. 8147 0 %fitQ
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING THE LAND USE ELEMENT
TIONS OF THE CITY'S GENERAL PLAN FROM RESIDENTIAL
MEDIUM HIGH (RMH) TO RESIDENTIAL, VERY HIGH (RVH) ON
PROPERTY GENERALLY LOCATED ON THE SOUTHEAST COFVJER
HARDING STREET AND OAK AVENUE.
OF THE GENERAL PLAN TO CHANGE THE LAND USE DESIGNA-
GPA-69 (B)
WHEREAS, the Planning Commission did on June 8, 198
a duly noticed public hearing as prescribed by law to consid
amendment to the Land Use Element of the General Plan (GPA-6
and
WHEREAS, the Land Use Planning Manager and the Plani
Zommission have determined that the amendment will not have #
significant impacts on the environment and a Negative Declar(
14iAated May 25, 1983, has been prepared, filed and approved by
:?lanning Commission on June 8, 1983, in satisfaction of the
16:requirements of the City of Carlsbad Environmental ProtectioI
rdinance of 1980 and the California Environmental Quality Ac '3
and
WHEREAS, the City Council did on July 5, 1983 hold i
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NOW, TEEMFORE, BE IT RESOLVED by the City Council
City of Carlsbad, California as follows:
A.
B.
That the above recitations are true and correct
That the findings of the Planning Commission as
forth in Planning Commission Resolution No. 2135 (GPA-69(B))
constitute the findings of the City Council.
C.
amended as follows:
That the Land Use Element of the General Plan i
1. GPA-69tB): Change the land use element
designation from residential medium high (RMH) to residentia
high (RVH) for property generally located on the southeast c
of Harding Street and Oak Avenue as shown on the map marked
Exhibit "X", dated May 20, 1983 attached hereto and made a p
hereof.
PASSED, APPROVED AND ADOPTED at a regular meeting o
2arlsbad City Council held on the
1985 by the following vote, to wit:
day of
AYES:
NOES:
ABSENT :
MARY H. CASLER, Mayor
.ATTEST:
&"
.ALETHA L. RAUTENKRANZ, City Clerk
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RESOLUTION NO. -EV 81 48 \@
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS A SITE DEVELOPMENT PLAN 83-5 FOR A 24 UNIT
APARTMENT PROJECT CONTAINING A MINIMUM OF 25%
LOW AND MODERATE INCOME UNXTS ON PROPERTY
GENERALLY LOCATED ON THE SOUTHEAST CORNER OF
HARDING STREET AND OAK AVENUE.
SDP 83-5/NOliMANDY PACIFIC, CORP.
WHEREAS, on June 8, 1983, the Caslsbad Planning COR
adopted Resolution No. 2137 approving SDP 83-5; and
WHEREAS, the City Council of the City of Carlsbad,
5, 1983 held a public hearing to consider the recommendatior
heard all persons interested in or opposed to Site Developme
No. 83-5; and
WHEREAS, the Land Use Planning Manager and the Plan
Commission have determined that the amendment will not have
significant impacts on the environment and a Negative Declar
dated May 25, 1983 has been prepared, filed and approved by
Planning Commission on June 8, 1983 in satisfaction of the
requirements of the City of Carlsbad Environmental Protectio
3rdinance of 1980 and the California Environmental Quality Ac
NOW, THEREFORE, BE IT RESOLVED by the City Council c
ity of Carlsbad, California as follows:
A. That the above recitations are true and correct
B. That the findings of the Planning Commission in
esolution No. 2137 constitute the findings of the City Counc
his matter.
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I C. That Site Development Plan No. 83-5 together wit
,provisions for its design and improvement and subject to the
conditions of this resolution, is consistent with all applice
general and specific plans of the City of Carisbad. &*$Q
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D. That Site Development Plan No. 8315 is hereby E
subject to all applicable requirements of the Carlsbad Munic
Code and to the satisfaction of the conditions contained in
Planning Commission Resolution No. 2137, dated June 8, 1983
xhibit "A", attached hereto and made a part hereof, with th
addition of the following conditions:
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"31. The applicant shall construct a view obscurin
on the east property line to the satisfaction of th
Use Planning Manager prior to occupancy of the buil
"32. The project as contemplated does not comply w
of the applicable standards for a condominium pro je
The applicant has been fully advised of this fact. after satisfying the restrictions of the agreement
the City and the applicant, Normandy Pacific Corpor imposing restrictions on real property the applican wish to attempt a condominium conversion he must sa
all of the City's ordinance requirements at that ti-
which the City presently contemplates will require substantial modifications to the project. The appl:
has been made aware of this fact and has agreed to 1
on that basis. No condominium conversion can be ma(
unless all of the current applicable standards are
satisfied."
PASSED, APPROVED AND ADOPTED at a regular meeting 0.
ity Council of the City of Carlsbad, California, held on the
day of , 1985, by the following vote,
j wit:
AYFS :
NOES: &!+\tQ
ABSENT :
MARY H. CASLER, Mayor
ATTEST :
ALETHA L. WUTENKRANZ, City Clerk
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EXHIBIT "1 @ (I)
PLANNING COMMISSION RESOLUTION NO. 2137
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITI
OF CARLSBAD, CALIFORNIA, APPROVING SITE DEVELOPMEN7 PLAN NO. 83-5, FOR A 24 UNIT APARTMENT PROJECT
CONTAINING A MINIMUM OF 25% LOW AND MODERATE INCOME
UNITS ON PROPERTY GENERALLY LOCATED ON THE SOUTHEAS
CORNER OF HARDING STREET AND OAK AVENUE.
APPLICANT: ZIMMERMAN/CHANDLER
CASE NO: SDP 83-5
WHEREAS, a verified application has been filed witk.
City of Carlsbad, and referred to the Planning Commission; a
WHEREAS, said verified application constitutes a re
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipa
the Planning Commission did, on the 8th day of June, 1983,
consider said request on property described as:
That portion of Lot 1 Subdivision of Tracts 114 and
Carlsbad lands per Map No. 1744 filed January 3, 19
WHEREAS, at said hearing, upon hearing and consider
testimony and arguments, if any, of all persons desiring to 1
heard, said Commission considered all factors relating to Si
Development Plan No. 83-5.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planni)
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 hearing, the Commission APPROVES SDP 83-5, based on the following fin( and subject to the following conditions:
Findings:
1) The project is consistent with the City's General Plan si the site has been designated for very high density reside development by the Land Use Element of the General Plan.
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2) The site is physically suitable for the type and density
development since the site is adequate in size and shape
accommodate the proposed residential development as stat
the staff report.
3) The project is consistent with all city public facility icies and ordinances since:
a) The Planning Commission has, by inclusion of an app
condition to this project, insured that the final m
not be approved unless the City Council finds that
service is available to serve the project. In addi
the Planning Commission has added a condition that
shall be placed on the final map that building perm
not be issued for the project unless the City Engin determines that sewer service is available, and bui.
cannot occur within the project unless sewer servicc
remains available, and the Planning Commission is s4
that the requirements of the public facilities elemi the General Plan have been met insofar as they appl: sewer service for this project.
b)2 The Carlsbad School District has written a letter, April 5, 1983, stating that school facilities will available to this project.
c) Park-in-lieu fees are required as a condition of apI
d) All necessary public improvements have been provide( will be required as conditions of approval.
e) The applicant has agreed and is required by the incl of an appropriate condition to pay a public faciliti
Performance of that contract and payment of the fec
enable this body to find that public facilities will available concurrent with need as required by the Gc
Plan.
f) Assurances have been given that adequate sewer for t project will be provided by the city of Carlsbad.
4) The proposed project is compatible with the surrounding 1
uses since the properties on three sides of the subject
property have been designated for or developed with multi
family residences.
5) This project will not cause any significant environment; impacts and a Negative Declaration has been issued by tk Use Planning Manager on March 25, 1983 and approved by t
Planning Commission on June 8, 1983.
6) The proposed project will provide low and moderate income rental housing as defined by Section 50093 of the State H
and Safety Code.
PC RES0 NO. 2137 -2-
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Conditions :
1) Approval is granted for SDP 83-5, as shown on Exhibit(: "E", dated May 6, 1983, incorporated by reference and (
in the Land Use Planning office. Development shall occ substantially as shown unless otherwise noted in these conditions .
2) This project is approved upon the express condition thi
building permits will not be issued for development of
subject property unless the City Engineer determines tl facilities are available at the time of application fol
sewer permits and will continue to be available until 1 occupancy.
3) This project is approved upon the express condition thi applicant shall pay a public facilities fee as require(
Council Policy No. 17, dated April 2, 1982, on file wil
City Clerk and incorporated herein by reference, and ac
to the agreement executed by the applicant for payment fee, a copy of that agreement, dated April 5, 1983, is with the City Clerk and incorporated herein by referent
said fee is not paid as promised, this application wil: consistent with the General Plan and approval for this shall be void.
4) The applicant shall pay park-in-lieu fees to the city, required by Chapter 20.44 of the Carlsbad Municipal Coc
5) Approval of this request shall not excuse compliance w
sections of the Zoning Ordinance and all other applical
ordinances in effect at time of building permit issuanc
6) Water shall be provided by the city of Carlsbad unless
other arrangement is approved by the City Council.
Land Use Planning Office
7) The applicant shall prepare a detailed landscape and ii plan which shall be submitted to and approved by the L, Planning Manager prior to the issuance of building per]
8) All landscaped areas shall be maintained in a healthy (
thriving condition, free from weeds, trash, and debris
9) Any signs proposed for this development shall be desigi
conformance with the city's Sign Ordinance and shall rl
review and approval of the Land Use Planning Manager p
installation of such signs.
10) All roof appurtenances, including air conditioners, sh
architecturally integrated and shielded from view and buffered from adjacent properties and streets to the
satisfaction of the Land Use Planning Manager and Builc Planriing Director.
PC RES0 NO. 2137 -3-
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11) Approval of SDP 83-5 is granted subject to approval of Plan Amendment 69(B) and Zone Change 277.
12) At least 25% of the units shall be made available to p families of low or moderate income as defined by Sectic of State Health and Safety Code.
13) The trash enclosure shall be relocated so it does not
14) The project shall not convert to condominiums unless a
into the frontyard or street sideyard setback.
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requirements of Title 21, Section 21.45 are complied w their entirety.
15) The applicant shall prepare an agreement to ensure the availability of units for persons of low and moderate
satisfactory to the City Attorney prior to the matter I scheduled for hearing by the City Council.
Eng ineer ing
16) The developer shall obtain a grading permit prior to tl commencement of any clearing or grading of the site.
17) The grading for this project is defined as "regular grz Section 11.06.170(a) of the Carlsbad Municipal Code. :
developer shall submit a grading plan for approval whic
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include all required drainage structures and any requii
erosion control measures. The developer shall also sut soils, geologic or compaction reports if required and I comply with all provisions of Chapter 11.06 of the Car: Municipal Code.
18) No grading shall occur outside the limits of the subdic unless a letter of permission is obtained from the own€ the affected properties. 19
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19) Additional drainage easements and drainage structures s I
provided or installed as may be required by the County Department of Sanitation and Flood Control or the City neer .
20) The developer shall comply with all the rules, regulati design requirements of the respective sewer and water a regarding services to the project.
21) The design of all private streets and drainage systems
approved by the City Engineer prior to approval of buil
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conform to City of Carlsbad Standards based on R-value
All private streets and drainage systems shall be inspe the city, and the standard improvement plan check and inspection fees shall be paid prior to approval of buil
7- -rmits.
PC RE: 3. 2137 -4-
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22) All private driveways shall be kept clear of parked ve
all times, and shall have posted "NO Parking/Fire Lane
Zone" pursuant to Section 17.04.040, Carlsbad Municipa
23) The parking as shown on Exhibit 'IC", dated May 6, 1983
specifically not approved. Parking space nos. 16, 25,
shall be deleted. The support posts adjacent to the sc
edge of spaces 25 and 37 shall be relocated to provide
adequate circulation as determined by the City Enginee
24) The driveway shall have a maximum slope of 10% with a I
4% transition at Oak Avenue within 10 feet of the City
of-way.
Fire
25) Prior to the issuance of building permits, complete bu, plans shall be submitted to and approved by the Fire
Department.
26) Additional public and/or on site fire hydrants shall bt
quired if deemed necessary by the Fire Marshall.
27) The applicant shall submit two (2) copies of a site plc
showing locations of existing and proposed fire hydrant site roads and drives subject to the approval of the Fi
Marshall.
28) All required fire hydrants, water mains and appurtenanc be operational prior to combustible building materials located on the project site.
29) Proposed security gate systems shall be provided with 11
key operated override switch, as specified by the Fire
partment.
30) All fire alarm systems, fire hydrants, extinguishing sy
automatic sprinklers, and other systems pertinent to th project shall be submitted to the Fire Department for a
prior to construction.
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, PASSED, APPROVED AND ADOPTED at a regular meeting
Planning Commission of the city of Carlsbad, California, he
8th day of June, 1983, by the following vote, to wit:
AYES : Chairman Schlehuber, Commissioners Marcus Rombotis, Jose, Friestedt and Rawlins.
NOES : None
ABSENT: Commissioner Farrow.
ABSTAIN : None. 1 .'cl 11 (J/JJ
/ e- &Lh+-c-Q - (2
CLARENCE SCHLEHUBER, Chairm CARLSBAD PLANNING COMMISSIOI
ATTEST:
MICHAEL J. ?fQ%?, MILfSR, Land Use Planning Manager
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RESOLUTION NO. 8149 o$y@
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A DEVELOPMENT
AGRElEMENT BETWEEN THE CITY OF CARLSBAD AND
NORMANDY PACIFIC IMPOSING RESTRICTIONS ON Fd3AL
PROPERTY FOR A 24 UNIT LOW AND MODERATE INCOME
HOUSING PROJECT, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT.
WHEREAS, the City of Carlsbad and Normandy Pacific,
Corporation have reached an agreement regarding restrictions
imposed on the development of a 24 unit low and moderate inc
housing project.
NOW, THEREFORE, BE IT -RESOLVET) by the City Council
City of Carlsbad as follows:
1. That certain agreement between the City of Carl
and Normandy Pacific, Corporation imposing restrictions on t
14development of a 24 unit low and moderate income housing pro
is hereby approve1
That the Mayor of the City of Carlsbad is hereb
authorized and directed to execute said agreement for and on
Df the City of Carlsbad.
marked Exhibit "A" and made a part hereof,
2.
PASSED, APPROVED AND ADOPTED at a regular meeting 0:
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1i.y Council of the City of Carlsbad, California, held on tht
day of , 1985, by the following vote, to w: ..
AYES :
NOES:
ABSENT :
MARY H. CASLER, Mayor
ATTEST: d..""
ALETHA L. RAUTENKRANZ, City Clerk
EXHIBIT e a 'L
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RECORDING REQUESTED BY: 1 Assessors Parcel No,:
)
WHEN RECORDED MAIL TO: 1 1
City of Carlsbad 1
1200 Elm Avenue 1 Carlsbad, California 92008 1 space above for recorder
AGREEMENT IMPOSING RESTRICTIONS ON REAL PROPERTY
)\ ! v\ 1 ' ____ LP
This agreement is made and entered into this -=?hd-- da.
&Q,Q{ '1 4 E3 5 CCA&\ of -wt 13 <JL*=I- ,--EW by and between the City of
Carlsbad, California, a municipal corporation, hereinafter
referred to as "Carlsbad" and Normandy Pacific Corporation, a
California corporation, hereinafter referred to as "applicant."
RECITALS
A. Applicant is the purchaser of certain real propert:
generally located at Oak Avenue and Harding Street in the City I
C~rLsba.?~ Ccunty of San Dl'eao. 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 P:
Amendment from 3-H to R-VH (GPA-69(8)), a zone change from R-3 1
RD-H (ZCA-227) and a site development plan for a 24 unit
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apartment p-roject at a density of 40.6 dwelling units per acre
(SDP-83-5) (hereinafter referred to as "project" for the real
property referred to above).
referred to hereinafter as the "application".
Amendment is being processed pursuant to Government Code section
65361fb) at the request of Applicant to allow approval prior to
the next regularly scheduled date for General Plan Amendments.
A density of 40 dwelling units per acre is requested in order to
assist Carlsbad in achieving the goals established by the
Housing Element of the General Plan.
project must be available for rental for the period stated
herein. Without the rental restrictions Carlsbad would not
approve the project.
The applications are collectively
The General Plan
To achieve those goals the
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C. In order to induce the City to approve the
application and in a desire to comply with the provisions of the
State Government Code section 65361(b) and with California
Health and Safety Code section 55093 applicant desires to
provide that twenty five percent of the dwelling units in the
project wLII. bs available t~ rerscrs and fanllies of lov to
moderate income for a period of twenty 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 twenty five percent 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;
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E. TO ensure the availability as specified in recital
D, the Planning Commission of the City of Carlsbad has
conditioned approval of the application upon the execution of
this agreement. Without that condition the Planning Cornmission
would have been unwilling to grant approval of the application.
F. In order to ensure the continued availability of
this project as a rental project and the continued availability
of twenty five percent 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 aqreement 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 100% 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.
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b. "Established Rent" shall mean the maximum
monthly rent established for a 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
and upon the size of the restricted unit. Established rents
shall be affordable to qualified persons or families,
c. "Restricted Unit" means a dwelling unit in thc
project which is occupied by or available for rent to a
qualified person or family.
d. "Area Median Income" means the median householc
income for San Diego County or the equivalent geographic area a:
annually established by the Federal Department of Housing and
Urban Development pursuant to Section 8 of the United States
Housing Act of 1937.
the Department of Housing and Urban Development are discontinued
the area median income shall be that 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,
In the event that such deterxinations by
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 applican
desires to convert the project from a rental project to any type
of ownership project including but not limited to a condominium
or stock cooperative project, that applicant may submit an
Page 4 of 8
-. a1 m
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 ti
year period for rental the applicant shall not convey individua
units in the project. Upon the termination of the ten year
period the applicant may convey individual units except that
twenty five percent of the total units shall not be individuall:
conveyed until expiration of twenty years from the date of
construction of the project.
twenty five percent of the units shall be restricted units as
specified in section 2.b. of this agreement. A note outlining
the restrictions of this agreement shall be included on the finc
map for any conversion.
During the twenty year period
b. That for a period of twenty years from the datc
of occupancy of the project twenty five percent of the total
dwelling units constructed shall be made available for rental tc
qualiEied persons or families, Each restricted unit shall be
rented at an established rent, Established rents shall be
determined amually by the Carlsbad Director of Buildinu and
Planning,
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.
Page 5 of 8
t- 5 e e
-,
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 phasl
shall be equivalent to the percentage of the total number of
nonreserved units being constructed in that phase.
d. fi-pplicant shall keep rental data for restrictec
units and qualified persons or families and shall submit aniiual
rental data for the restricted units and qualified persons or
families occupying the units to the Carlsbad Director of Buildir
and Planning and the Housing Authority. At any time 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 or the project itself to ensure performance of
this agreement by applicant.
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: Normandy Pacific Attn: Donald A. Agatep
2956 Roosevelt Street
P. 0. Box 590
Carlsbad, California 92008
To Carlsbad: Attn: Director of Building and Pla 1200 Elm Avenue
Carlsbad, California 92008
Page 6 of 8
' 0 e --
5. The covenants, conditions and obligations containec
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.
6. This agreement constitutes the entire agreement
between the parties and no modification shall be binding unless
reduced to writing, signed by the parties heret9.
7. All questions pertairling 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 effec
for twenty 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. All prospective tenants shall be qualified by the
Housing Authority. The applic*ant shall rent restricted units
only to persons and families qualified by the Housing Authority<
The Applicant may, but is not obligated to, participate in any
housing program offered by the Housing Authority,
Page 7 of 8
Y 2 the undersigned, a Notary Public in and for said County and State,
g , personally
> known to me or proved to me on the basis of satisfactory evidence to be
E the President, a& >
*ally 2 Q: knk
0 ,-iof the corporation that executed the within
0 instrument on behalf of the corporation therein named, and acknow-
ledged to me that such corporation executed the within instrument Z
Y 0
0 pursuant to its by-laws or a resolution of it's board of directors iz
cu personally appeared 004q ad A. 4Gur e- e
?
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Signature =------- \
FOR NOTARY SEAL OR STAY P
9 O~~~~O~OO.NII~~BQIIIOO~
OFFiCIAL SEAL OLAS C. BANCHE !
NOTARY PUBLIC CALF. I
SAN DIEGO COUNTY I
smn Expires Jan. 9, 1588,
PRlWClPAL CFFICE iN 1
~B~*oeaGzPma@=~
-
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EXHIBIT "A"
LEGAL DESCRIPTION
e
@J
*- (r fhe Zsnd referred to hcrtfn ir situated fa the State of Callfornil, County Of .* Sco bitgo, City of CarlW, end io dtrcribcd 81 follow: -
'&at pfiia of Lot 1, S&divisian of Tracts, 114 ard 120 of a. mm, in
the City of CarlW, Qilnty of Sarl Diep, State of California, CIS per yap
thereof M. 1744, filed h the office of the -de of said San Diego coirnty Jacoaxy 3, 1923, described as follows, -5t:
&ginning at the inCdrstx~on of the center line of cak RVD~ aad tk -7-
line of Fifth Street; thmce Wth 34' 33' East alq said center line of Fifth,
a dish- of 240 feet; %we North 55' 27' Wet a diem of 199.93 feet to a pint; thznce North 34' 33' West, a distmce of 240 feet to a pint on said
ce7tEtr line of oak Avenue; th=nce soirth 55' 27' %st hlmg said ceqter line of
Ca. Averiae, a histame of 199.95 to the pint of bqhnbg.
EXEPTl3S th sO~t?e+=sterly 50 fet t-f. - with that portim of oak Ave7~ &joining said property along the MM- =terry line as closed to public use by the City of -I- b; ~esolvtion NO.
723, rea=-ded krch 3, 1961 ss File W. 38238 of Official Rem*.
?
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0 0
ORDINANCE NO. 9769
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 FOR A ZONE CHANGE FROM R-3 TO RD-H
ON PROPERTY GENERALLY LOCATED ON THE SOUTHEAST
COmR OF HARDING STREET AND OAK AVF,NUE.
CASE NO: ZC-277
APPLICANT: ZIMMERMAN/CHANDLER
The City Council of the City of Carlsbad, Californi
does ordain as follows:
SECTION 1: Title 21 of the Carlsbad Municipal Code
amended by the amendment of a zoning map for a zone change f
to RD-H on property as shown on the map marked ZC-277, Exhib
attached hereto and made a part hereof.
EFFECTIVE DATE : This ordinance shall be effective
days after its adoption, and the City Clerk shall certify to
adoption of this ordinance and cause it to be published at 1
3nce in the Carlsbad Journal within fifteen days after its
adoption.
INTRODUCED AND FIRST READ at a regular meeting of tl
Carlsbad City Council on the day of 1
nd thereafter 1 //I
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PASSED AND ADOPTED at a regular meeting of said Cil
Council held on the day of , 1985, bj
following vote, to wit:
AYES:
NOES :
ABSENT :
MARY H. CASLER, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
( SEAL)
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AB 8145 dtd 4/16/8 0 Nm npLAA LJ, *>VI ! *a*'
TO :
FROM : City Attorney
Mayor and City Council
(-&yg$W 1
HARDING SQUARE CONDOM IUM APPEAL ( FORMERLY ZIMMERMAN/CHANDLER
MR. AGATEP)
Because of questions raised by the Council at your meeting of April 16, 1985 regarding the zoning for the above referenced project we took a second look at the record. This memorandum is to report that the General Plan and zoning designations for the subject property are RMR and R-3 which provide for a density range of 10-20 dwelling units per acre. The General Plan amendment and zone change to RVH and RD-R, high density 30-40 dwelling units per acre, was never finally approved by the
Council. The matter was referred to our office for preparation of documents including conditions implementing an agreement insuring that the project would be maintained as an apartment building for low and moderate income people. Since the develope refused to sign the agreement the documents were never returned to the City Council for adoption. The information we gave the Council at your meeting that the new zoning was in effect was nc correct.
The application for the new condo project at 40 dwelling units per acre should not have been accepted or processed by staff since it violated the existing General Plan and zoning. The condo permit and tentative map applications were filed after adoption of your interim planning policies and it appears they would preclude approval of a General Plan amendment and zone change to double the existing density. When the project is reviewed by the Planning Commission on the Council's referral
back we have difficulty seeing how it can be approved at a density any higher than the maximum existing zoning of 20 units per acre. If any member of the City Council or the staff wishe to discuss the project further or take any other actions you should arrange to put the matter on the City Council's agenda. Otherwise, it will be our advice to the Land Use Planning Department and the Planning Commission that the existing Generz Plan and zoning control and that the project cannot be approvec at a density higher than 20 dwelling units per acre.
The balance of this memorandum will detail the history of the project which we developed as a result of our review of the
record. Section 65361 of the Government Code provides that th General Plan Land Use Element may not be amended more than fou times during any calendar year. The applicant, at that time
2 immerman/Chandler represented by Mr. Agatep, approached the C
v - -- e
a” e
b
earl2’ In 1983 to ask the staff to use the exception to that
SeCtlOn’~ limitations which allows the City to consider Gene]
plan element amendment requests for development Of residentic
units at least 25% of which will be occupied by people of lot
moderate income. The applicant promised that his PKOjeCt WOL
be a low income rental project. On that basis the applicatic
was accepted and a special General Plan amendment hearing wa:
scheduled. (Based on our experience with this project we hi advised the Planning Department that in the future projects I not be accepted for processing under that exception until afi the applicant has signed an agreement ensuring that the projc will in fact be for low and moderate income persons.)
The project was heard by the City Council at your meeting of 5, 1983. Attached is a copy of the agenda bill. As you can the project was presented as an exception to the General Plan hearing requirements on the basis that an agreement had been reached assuring that 25% of the units would be reserved for and moderate income families for 20 years. Both the Planning Commission and the staff, in recommending the project, includ conditions insuring that for ten years all of the units would available as rentals and that for twenty years 25% of the uni would be available as rentals for low and moderate income persons. It was also recommended that if building permits we not issued for the project within two years the zoning would . null and void that the property would revert to R-3. The mini for the meeting indicate that the City Council discussed the project including specifically the requirement that the entirc project be available as rental apartments for ten years. The Council by motion passed, by a vote of 4-1, directed our offic to prepare the documents as recommended by the Planning
Cornmission and staff, including the two year building permit condition, the ten year and twenty year rental requirements an an additional condition to provide for a view obscuring fence between the project and the adjacent property owner.
Our office prepared a resolution approving the General Plan amendment, a resolution approving the site development plan, a resolution approving a development agreement for the apartment project and an ordinance rezoning the property. Those document and the agenda bill are attached to this memorandum. The Counc considered them at your meeting of August 2, 1983. The item wi continued because the applicant had refused to sign the development agreement. Council considered it again on August 1
1983. Again, we reported that the applicant had not signed the necessary development agreement and suggested that the matter t
sent back to staff and not returned to Council until such time
the agreement had been signed. While the Council had expressed its intention to approve the General Plan amendment and zone change, subject to certain conditions, the conditions for that action were never satisfied. The General Plan amendment and zo change was never adopted.
i 1
A.
a
i 0 - -9 *
i.
Even if they had been adopted the requirement that building permits issue within two years of the approval would have probably invalidated the zoning in any case since it is highly unlikely the applicant would be able to be under construction by
that date
At some time during the ensuing year Mr. Agatep changed signals on the project and approached the City planning staff on behalf
of Harding Square Condominiums with a request for a new 24 unii tentative subdivision map and condominium permit on the same property. This clearly was an abandonment of the previous project. The applicant requested a density of 40 units per acr
which was in excess of that allowed by the applicable General Plan and zoning. The application should not have been accepted Nevertheless, it was processed and denied by the Planniing Commission. It reached the Council on appeal at your meeting o
April 16, 1985. Staff was under the belief that the higher density General Plan and zoning had been approved for the subje property. As indicated above, that was not correct.
As the situation stands now the property is zoned R-3, 10-20. General Plan amendment can only be considered by the Council ar approved at this time as low and moderate income housing withoi using one of the City's "wishes" for this year. Further, since
it is a new project the Council's interim growth management plz would appear to prohibit the processing or approval of the General Plan amendment or zone change which would double the
density presently allowed. Council would need to find some ba: for an exception to that policy to allow the approvals to be considered. Council's action in referring the project to the Planning Commission for redesign stands. However, as indicate( above, unless Council determines otherwise that reconsiderati01
will have to take place within the bounds of the existing Gene] Plan and zoning which provides for a maximum of 20 units per acre.
VINCENT F. BIONDO, JR. City Attorney
rmh attachments
C: City Manager
i
City Clerk
Land Use Planning Manager Director of Building and Planning
Mr. Agatep
eC+ m a 6
- c CITY OF CARLSBAD
1200 ELM AVENUE
CARLS BAD, CALIFORNIA 92008-1 989 (619) 438-5531 VINCENT F. BIONDO, JR. CIN AlTORNEY
DANIEL S. HENTSCHKE
ASSISTANT CITY ATTORNEY June 4, 1985
Donald A. Agatep Agatep Corporation
2956 Roosevelt Street
P. 0. Box 590
Carlsbad, California 92008
RE: AGREEMENT IMPOSING RESTRICTIONS
NORMANDY PACIFIC CORPORATION
The City Clerk has asked that I respond to your letter of June
4, 1985 regarding the above referenced agreement. The original is returned with this letter. Exhibit A, a legal description c
the property, needs to be attached. You also need to supply th appropriate corporate notary.
We are unclear what action, if any, you wish the City to take i response to your letter. The City Council at their meeting of April 16, 1985 denied CT 84-40/CP-301 without prejudice and returned it to the Planning Commission. That request for a 24 unit condominium project is still pending. The agreement relates to your previous applications on the same property for 24 unit apartment project (GPA-69(b), ZCA-227 and SDP-83-5). 1
you wish to withdraw the condo project and attempt to resurrect
the apartment project you should so notify us in writing.
The City Council, at their meeting of July 5, 1983, adopted a
Resolution of Inducement No. 7278 expressing the Council's
intention to provide mortgage revenue bond financing for a 24
unit apartment project. Please let us know if you have any intention of pursuing that financing.
Our office prepared documents approving a general plan amendment, zone change, site development plan and housing
agreement for consideration by the City Council at their meetir
of August 2, 1982. At that time the matter was continued and,
theoretically, remains pending before the City Council. If yor
wish to ask that the Council now consider the adoption of those documents you should so indicate in writing in a letter to the City Manager.
I 0 0
Donald A. .Agatep - -2- June 4, 198
Before requesting Council action on your project you may wish to consider discussing the matter with the Director of Building and Planning and the Land Use Planning Manager. Because of tin constraints and the pending tax law changes it may not be possible to accomplish a multifamily financing program for YOUK project. You may also want to discuss whether or not staff car continue its support of the project in view of the fact that 1) the Planning Commission and Council has expressed concerns that
it may be too dense for the site; 2) that the zone change, as recommended in July 1983, was expressly made provisional to expire in July 1985 unless the project was under construction i
it appears you will not be able to satisfy that condition; and
the City Council's interim growth management policy currently precludes the approval of projects above the mean density.
Whether or not to consult with staff prior to asking that your project be heard by the City Council is, of course, a matter within your discretion.
Our off ice completed its preparation of the documents necessar: to approve your apartment project two years ago and there is nc need to involve our office further. At this point, whether or
not your project should go forward is a policy question.
VINCENT F. BIONDO, JR. City Attorney
rmh !
c: Mayor City Manager
City Clerk
Director of Building and Planning
Land Use Planning Manager
Redevelopment Manager
# 1 ,
April 19, 1985
NOTE: SEE CT ?"-A9 'FBI
AF, 8145 dtd 4/16, i%;apr arid City Council
*
TO:
FROM: City Attorriey
pp?-4-.M 1
HARDING SQUARE CONDOM IUM APPEAL ( FORMERLY ZIMMERMAN/CHANDLER
MR. AGATEP)
Because of questions raised by the Council at your meeting of April 16, 1985 regarding the zoning for the above referenced project we took a second look at the record. This memorandum i to report that the General Plan and zoning designations for the
subject property are RMH and R-3 which provide for a densiby range of 10-20 dwelling units per acre. The General Plan amendment and zone change to RVH and RD-HI high density 30-40 dwelling units per acre, was never finally approved by the
Council. The matter was referred to our office for preparatior of documents including conditions implementing an agreement insuring that the project would be maintained as an apartment building for low and moderate income people. Since the devel01 refused to sign the agreement the documents were never returnec
to the City Council for adoption. The information we gave the Council at your meeting that the new zoning was in effect was r correct .
The application for the new condo project at 40 dwelling units per acre should not have been accepted or processed by staff since it violated the existing General Plan and zoning. The condo permit and tentative map applications were filed after adoption of your interim planning policies and it appears they would preclude approval of a General Plan amendment and zone change to double the existing density. When the project is reviewed by the Planning Commission on the Council's referral
back we have difficulty seeing how it can be approved at a density any higher than the maximum existing zoning of 20 units per acre. If any member of the City Council or the staff wish6 to discuss the project further or take any other actions you should arrange to put the matter on the City Council's agenda. Otherwise, it will be our advice to the Land Use Planning Department and the Planning Commission that the existing Gener Plan and zoning control and that the project cannot be approve at a density higher than 20 dwelling units per acre.
The balance of this memorandum will detail the history of the project which we developed as a result of our review of the record. Section 65361 of the Government Code provides that th General Plan Land Use Element may not be amended more than fou times during any calendar year. The applicant, at that time
2 immerman/Chandler represented by Mr . Agatep, approached the C
-
c
- 2- Lo
early in 1983 to ask the staff to use the exception to that
section's limitations which allows the City to consider General
Plan element amendment requests for development of residential
units at least 25% of which will be occupied by people of low o
moderate income. The applicant promised that his project would
be a low income rental project. On that basis the application was accepted and a special General Plan amendment hearing was scheduled. (Based on our experience with this project we have advised the Planning Department that in the future projects wil not be accepted for processing under that exception until after
the applicant has signed an agreement ensuring that the project
will in fact be for low and moderate income persons.)
The project was heard by the City Council at your meeting of JL
5, 1983. Attached is a copy of the agenda bill. As you can SE
the project was presented as an exception to the General Plan
hearing requirements on the basis that an agreement had been reached assuring that 25% of the units would be reserved for IC and moderate income families for 20 years. Both the Planninq
Commission and the staff, in recommending the project, includec conditions insuring that for ten years all of the units would t
available as rentals and that for twenty years 25% of the unitr
would be available as rentals for low and moderate income persons. It was also recommended that if building permits werc not issued for the project within two years the zoning would bt null and void that the property would revert to R-3. The minut for the meeting indicate that the City Council discussed the project including specifically the requirement that the entire project be available as rental apartments for ten years. The
Council by motion passed, by a vote of 4-1, directed our offict to prepare the documents as recommended by the Planninq
Commission and staff, including the two year building permit condition, the ten year and twenty year rental requirements an(
an additional condition to provide for a view obscuring fence
between the project and the adjacent property owner.
Our office prepared a resolution approving the General Plan amendment, a resolution approving the site development plan, a resolution approving a development agreement for the apartment project and an ordinance rezoning the property. Those documen
and the agenda bill are attached to this memorandum. The Coun considered them at your meeting of August 2, 1983. The item w continued because the applicant had refused to sign the
development agreement . Council considered it again on August
1983. Again, we reported that the applicant had not signed th necessary development agreement and suggested that the matter sent back to staff and not returned to Council until such time
the agreement had been signed. While the Council had expresse its intention to approve the General Plan amendment and zone change, subject to certain conditions, the conditions for that action were never satisfied. The General Plan amendment and z change was never adopted.
r -3- \
Even if the? had been adopted the requirement that building permits issue within two years of the approval would have probably invalidated the zoning in any case since it is highly unlikely the applicant would be able to be under construction bi
that date.
At some time during the ensuing year Mr. Agatep changed signals on the project and approached the City planning staff on behalf of Harding Square Condominiums with a request for a new 24 uni tentative subdivision map and condominium permit on the same property. This clearly was an abandonment of the previous project. The applicant requested a density of 40 units per acr which was in excess of that allowed by the applicable General Plan and zoning. The application should not have been accepted Nevertheless, it was processed and denied by the Planniing Commission. It reached the Council on appeal at your meeting o April 16, 1985. Staff was under the belief that the higher density General Plan and zoning had been approved for the subje property. As indicated above, that was not correct.
As the situation stands now the property is zoned R-3, 10-20. General Plan amendment can only be considered by the Council an approved at this time as low and moderate income housing withou using one of the City's "wishes" for this year. Further, since it is a new project the Council's interim growth management pla
would appear to prohibit the processing or approval of the
General Plan amendment or zone change which would double the density presently allowed. Council would need to find some bas for an exception to that policy to allow the approvals to be considered. Council's action in referring the project to the Planning Commission for redesign stands. However, as indicated above, unless Council determines otherwise that reconsideration
will have to take place within the bounds of the existing Gener Plan and zoning which provides for a maximum of 20 units per acre .
VINCENT F. BIONDO, JR. City Attorney
rmh attachments
c: City Manager
i
City Clerk Land Use Planning Manager Director of Building and Planning
Mr. Agatep