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HomeMy WebLinkAbout1998-03-03; City Council; 14573; Rancho Carrillo Family HousingP zi 2 2 . . p 2 d f 8 CITY OF CARLSBAD - AGENuA BILL I I AB# 14.573 TITLE- -* DEPT. HD. ‘j MTG. 313198 Ranch0 Carrillo Family Housing SDP 97-15 DEPT. PLN I&’ RECOMMENDED ACTION: That the City Council ADOPT City Council Resolution No. 98-54 as recommended for approval by the Planning Commission. APPROVING SDP 97-15 ITEM EXPLANATION: On February 4, 1998, the Planning Commission conducted a public hearing to review the Ranch0 Carrillo Family Housing site development plan project located in the southeast quadrant within the Zone 18 Local Facilities Management Plan and the Ranch0 Carrillo Master Plan. The Planning Commission recommended approval (7-O) to construct 12 one, 48 two, and 56 three bedroom affordable apartment units for a total of 116 affordable units and a standards modification to allow carports within the 50’ setback from Palomar Airport Road. The project is subject to and in compliance with the General Plan, the Ranch0 Carrillo Master Plan and certified EIR, all applicable zoning ordinances and the Subdivision Ordinance (Titles 20 and 21 of the Carlsbad Municipal Code), and the Draft Habitat Management Plan. See the attached staff report to the Planning Commission, dated February 4, 1998, for a complete analysis of the projects compliance with the subject policies, plans, and ordinances. The Housing Commission reviewed the proposed affordable housing project associated with the Master Plan (Village B) on January 14, 1998 and recommended approval of the affordable housing project in Village B. There were no comments from the public on this project. ENVIRONMENTAL REVIEW: The direct, indirect, and cumulative environmental impacts from the future development of the Ranch0 Carrillo Master Plan were analyzed by the Ranch0 Carrillo Master Plan Environmental Impact Report (EIR) 91-04. The project qualifies as being within the scope of both the City’s Master Environmental Impact Report for the General Plan and Final EIR 91-04 in accordance with Section 21083.3 of the California Environmental Quality Act; therefore, the Planning Director issued a Notice of Prior Environmental Compliance on January 29, 1998. With regard to air quality and circulation impacts, the City’s MEIR found that the cumulative impacts of the implementaiton of projects consistent with the General Plan are significant and adverse due to regional factors, therefore, the City Council adopted a statement of overriding consideration. The project is consistent with the General Plan as to these effects; therefore, no additional document is required. GROWTH MANAGEMENT STATUS: The project is located within Local Facilities, Management Zone 18. The Growth Control Point is 19 dwelling units per acre, while the project is proposing 16.57 dwelling units per acre. The project is located within CFD No. 1 and as part of the Ranch0 Carrillo Master Plan is proposing an assessment district for the construction of Melrose Drive, and has entered into an agreement with the San Marcos Unified School District which proposes a Mello-Roos financing vehicle estimated to be in the amount of $12 million for school facilities funding. PAGE 2 OF AGENDA BILL NO. 14,573 h FISCAL IMPACT: As the Affordable Housing Agreement and its financing component have yet to be agreed to by the City Council, at this time it is not possible to determine the fiscal impact of this project. EXHIBITS: 1. City Council Resolution No. 98-54 2. Location Map 3. Planning Commission Resolution Nos. 4240 4. Planning Commission Staff Report, dated February 4, 1998 5. Excerpts of Planning Commission Minutes, dated February 4, 1998 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 C RESOLUTION NO. 98-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN TO CONSTRUCT 12 ONE BEDROOM, 48 TWO BEDROOM,. AND 56 THREE BEDROOM AFFORDABLE APARTMENT UNITS AND A STANDARDS MODIFICATIONS TO ALLOW CARPORTS WITHIN THE 50’ SETBACK ON PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF PALOMAR AIRPORT ROAD AND MELROSE DRIVE, NORTH OF FUTURE POINSETTIA LANE, AND EAST OF BRESSI RANCH. CASE NAME: RANCH0 CARRILLO FAMILY HOUSING CASE NO.: SDP 97-l 5 WHEREAS, the Planning Commission did on February 4, 1998, hold a duly noticed public hearing as prescribed by law to consider a Site Development Plan (Ranch0 Carrillo Family Housing SDP 97-15); and WHEREAS, the City Council of the City of Carlsbad, on the 3rd day of March , 1998, held a duly noticed public hearing to consider said Site Development Plan, and at that time received the recommendations, objections, protests, comments of all persons interested in or opposed to SDP 97-15; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the City Council ADOPTS Resolution No. 98-54 and determines that the findings and conditions as set forth’ in Planning Commission Resolution No. 4240, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 3. That the application for a Site Development Plan to allow construction of 116 affordable apartment units with a standards modification all on property located on the southeast corner of Palomar Airport Road and Melrose Drive, in LFMP Zone 18, is approved as shown in the Planning Commission Resolution No. 4240, on file with the City Clerk and incorporated herein by reference. 3 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 4. This action is final the date this resolution is adopted by the City Council. The Provisions of Chapter 1 .I6 of the Carlsbad Municipal Code, “Time Limits for Judicial Review” shall apply: “NOTICE TO APPLICANT” “The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the nineteenth day following the dz$e on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the.City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008.” PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 3rd day of March 1998, by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin and Hall NOES: None ABSENT: Council Member Finnila A-I-TEST: ALETHA L. RAUTENKRANZ, City Clerk w=L) -2- ’ 4 EXHIBIT 2 SITE - 0 ,\ M Q : ‘,. \ a& : R N RANCH0 CARRILLO FAMILY HOUSING SDP 97-15 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 EXHIBIT 3 PLANNING COMMISSION RESOLUTION NO. 4240 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SITE DEVELOPMENT PLAN NO. SDP 97-15 TO ALLOW THE CONSTRUCTION OF 116 AFFORDABLE APARTMENT UNITS ON PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF PALOMAR AIRPORT ROAD AND MELROSE DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 18. CASE NAME: RANCH0 CARRILLO FAMILY HOUSING CASE NO.: SDP 97-l 5 WHEREAS, Carlsbad Family Housing Partnership, “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by Continental Ranch, Inc., “Owner”, described as Those portions of Sections 18 and 19, Township 12 South, Range 3 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, Shown as Lot 207, C.T. 97-02. (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Development Plan as shown on Exhibit(s) “A” - “T” dated February 4, 1998, on file in the Planning Department, RANCH0 CARRILLO FAMILY HOUSING SDP 97-15 as provided by Chapter 2 1.061Section 2 1.53.120 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 4th day of February, 1998, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Site Development Plan. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 6 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 A) That the foregoing recitations are true and correct. W That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL OF RANCH0 CARRILLO FAMILY HOUSING SDP 97-15 based on the following findings and subject to the following conditions: Findings: 1. That the requested use is properly related to the’ site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that: a. b. C. d. e. f. The proposed 116 units would be accommodated on the existing level areas of the property. The project would not have a significant impact on the environment, as discussed in the Environmental Review Sqction F. of the staff report. The property has a Residential High Density (RH) General Plan Land Use designation that allows the development of a low rise apartment project consisting of 116 units with a proposed density of 16.6 du/acre. This project is within the RH density range of 15-23 du/acre and below the growth control point of 19 du/acre. Therefore, the project is consistent with the allowed density and land use designation of the General Plan. This project consists entirely of affordable units to meet the requirements of the Inclusionary Housing Ordinance and implement the provisions of the Affordable Housing Agreement for the Ranch0 Carrillo Master Plan. The proposed affordable apartment units would be compatible with the surrounding residential development. The proposed multi-family residential land use would be compatible with multi-family development to the south and proposed multi-family duplex development to the east. Multi-family residential development would be separated from non-residential development to the north by Palomar Airport Road. The project would provide adequate onsite parking and circulation to serve the needs of the residents and their guests, and it would not impact the availability of offsite street parking. Additionally, sidewalks and drainage facilities would be provided along the project’s street frontages to serve the project. Adequate primary and secondary emergency access is provided from the public street serving the community and access to Melrose Drive. The 60 3 PC RJZSO NO. 4240 -2- , 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 foot public street is wide enough to accommodate emergency vehicles. 2. That the site for the intended use is adequate in size and shape to accommodate the use. in that the proposed project as designed provides reasonably sized one, two and three bedroom affordable apartment units with balconies or porches, adequate parking, recreation and landscaping, and an adequate street system to handle the project’s traffic. 3. That 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 proposed in that the residential development complies with all city policies and standards, including zoning. 4. That the street systems serving the proposed use are adequate to properly handle all traffic generated by the proposed use, in that 116 multiple family apartment units would generate approximately 928 ADT which can be adequately handled by the new public streets designed in the project as well as the existing surrounding circulation system consisting of Melrose Drive and Palomar Airport Road. The proposed circulation system will provide adequate primary and secondary (emergency) access to and from all units, adequate room for vehicular movement, adequate resident and on-site guest parking. 5. The Planning Commission finds that the Planning Director has determined that: a. b. C. d. e. the project is a Subsequent Development as described in CEQA Guidelines 15168(c)(2) and (e), and 15183; the project is consistent with the General Plan Master EIR (MEIR 93-01) and Ranch0 Carrillo Master Plan Final EIR 91-04; there were EIRs certified in connection with the prior 1994 General Plan Update and Ranch0 Carrillo Master Plan; the project has no new significant environmental effect not analyzed as significant in the prior EIRs; None of the circumstances requiring Subsequent or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist. 6. The Planning Commission finds that the project as conditioned herein for CT 97-02 is in conformance with the Elements of the City’s General Plan based on the following: a. Land Use - The project is consistent with the City’s General Plan since the proposed residential density of 16.5 du/acre is within the density range of 15- PC PESO NO. 4240 -3- d 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 - - 23 du/acre specified for the site as indicated on the Land Use Element of the General Plan, and is at or below the growth control point of 19 du/acre. b. Housing - The project is consistent with the Housing Element of the General Plan, the Inclusionary Housing Ordinance and the Affordable Housing Agreement for the Ranch0 Carrillo Master Plan approved by the Housing Commission on January 14, 1998. The project will provide the required inclusionary units for the first phase of development of the entire master plan. C. Open Space and Conservation - The project is consistent with the Open Space Provisions of the General Plan and the Ranch0 Carrillo Master Plan. d. Public Safety - The proposed project is required to provide streets, sidewalks, street lights, and fire hydrants, as shown on the tentative map, or included as conditions of approval. 7. The project is consistent with the City-Wide Facilities and Improvements Plan, the applicable local facilities management plan, and all City public facility policies and ordinances since: a. The project has been conditioned to ensure 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 project is conditioned such that a note shall be placed on the final map that building permits may not be issued for the project unless the District Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available and the District Engineer is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. .b. Prior to final map approval the developer is conditioned to enter into an agreement with the San Marcos Unified School District to ensure that adequate school facilities are available to serve the project. C. All necessary public improvements have been provided or are required as conditions of approval. d. The developer 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. 8. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant PC RESO NO. 4240 -4- ? 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 9. 10. 11. - to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 18. That the project is consistent with the City’s Landscape Manual, adopted by the City Council Resolution No. 90-384. The Final EIR for the Ranch0 Carrillo Master Plan identified areas along Melrose Drive where noise impacts from circulation element roadways with a six foot noise barrier in place would exceed 60 dBA CNEL (and register less than 65 dBA CNEL) and determined these were not significant. Noise barriers would have to be constructed between 7’ and 10’ feet in height and setbacks would have to be at least 125’ from the right of way to achieve a 60 dBA CNEL register. Specific considerations regarding visual impact and economic viability make these measures infeasible to avoid the environmental effect of noise. The Noise Element of the City of Carlsbad General Plan requires the use of project design techniques such as, increasing the distance between the noise source and the receiver, placing non noise sensitive uses such as parking areas between the source and the receiver, using non noise sensitive structures to shield noise sensitive areas, and orienting buildings to shield outdoor spaces from noise source to minimize noise impacts. All of these techniques have been incorporated into the project to substantially lessen the effect of noise without mitigating to the 60 dBA CNEL exterior noise level identified within Land Use Policy C.5 of the Noise Element. Conditions: 1. Staff is authorized and directed to make or require the Developer to make all corrections and modifications to the exhibits/or documents as necessary to make them internally consistent and conform to City Council’s final action on the project. Development shall occur substantially as shown on the approved exhibits. Any proposed development different from this approval shall require an amendment to this approval. 2. The Developer shall construct the required inclusionary units concurrent with the project’s market rate units, unless both the final decision making authority of the City and the Developer agree within an Affordable Housing Agreement to an alternate schedule for development. 3. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 4. The Developer shall provide the City with a reproducible 24” x 36” mylar copy of the Site Development Plan as approved by the final decision making body. The Site PC RESO NO. 4240 -5- /G 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 5. 6. 7. 8. 9. 10. 11. C - Development Plan shall reflect the conditions of approval by the City. The Plan copy shall be submitted to the City Engineer and approved prior to building, grading, final map or improvement plan submittal, whichever occurs first. The Developer, shall include, as part of the plans submitted for any permit plan check a reduced, legible version of the approving resolution on a 24” x 36” blueline drawing The Developer shall pay the public facilities fee adopted by the City Council on July 28, 1987 (amended July 2, 1991) and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or Facilities and Improvement Plan and to fulfil1 the subdivider’s agreement to pay the public facilities fee dated January 10, 1997, a copy of which is on file with the City Clerk and is incorporated by this reference. If the fees are not paid, this application will not be consistent with the General Plan and approval for this project will be void. Building permits will not be issued for development of the subject property unless the District 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. A note to this effect shall be placed on the final map. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 18 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. If any condition for construction of any public improvements or facilities, or the payment of any fees in lieu thereof, imposed by this approval or imposed by law on this residential housing project are challenged this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. The Developer shall provide bus stops to service this development at locations and with reasonable facilities to the satisfaction of the North County Transit District and the Planning Director. Said facilities, if required, shall at a minimum include a bench, free from advertising, and a pole for the bus stop sign. The bench and pole shall be designed to enhance or be consistent with the basic architectural theme of the project. The Developer shall prepare a detailed landscape and irrigation plan in conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. The plans shall be submitted to and approval obtained from the Planning Director prior to the approval of the grading permit, or building permit, whichever occurs first. The Developer shall construct and install all landscaping as shown on the approved plans and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. /f PC RESO NO. 4240 -6- 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 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. . . . L-4 The first submittal of detailed landscape and irrigation plans shall be accompanied by the project’s building, improvement, and grading plans. All landscaping shall comply with the Landscape Requirements of the Ranch0 Carrillo Master Plan. Prior to the recordation of the first final map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight, and sound of aircraft operating from McClellan-Palomar Airport in a form meeting the approval of the Planning Director and the City Attorney. The Developer shall post aircraft noise notification signs in all rental offices associated with the new development. The number and locations of said signs shall be approved by the Planning Director. The Property Manager shall obtain and distribute to tenants annual information from Caltrans and North County Transit regarding the availability of public transportation, ride-sharing, and transportation pooling services in the area. This information shall also be provided in the sales office of the project. If any of the foregoing conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time; if any of such conditions fail to be so implemented and maintained according to their terms., the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Resolution. Approval of SDP 97-15 is granted subject to the approval of CT 97-02 and PUD 97-02. SDP 97-15 is subject to all conditions contained in CT 97-02 and PUD 97-02, Planning Commission Resolutions 4241 and 4242 for the tentative map and planned development permit. The approval shall become null and void if building permits are not issued for this project within 18 months from the date of project approval. The project shall comply with the latest residential disabled access requirements pursuant to Title 24 of the State Building Code. All purchasers of this property shall be notified in writing prior to purchase, and by deed disclosure in writing, that the property they are purchasing is, or will be, noise impacted and does not meet Carlsbad noise standards for residential property. PC RESO NO. 4240 -7- 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 A PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 4th day of February 1998. by the following vote, to wit: AYES: Chairperson Noble, Commissioners Compas, Heineman, Monroy, Nielsen, Salvary, and Welshons NOES: ABSENT: ,; ABSTAIN: BAILEY NOBfE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: V MICHAEL J. HOLZtiLER Planning Director PC RESO NO. 4240 -8- p L- /3 A - EXHIBIT 4 ‘me City of CARLSBAD Planning Department A REPORT TO THE PLANNING COMMISSION Item No. g 0 Application complete date: November 28, 1997. P.C. AGENDA OF: February 4,1998 Project Engineer: Michael Shirey S1 BJECT: SDP 97-15 - RANCH0 CARRILLO FAMILY HOUSING - Request for approval of a Site Development Plan to construct 12 one, 48 two, and 56 three bedroom affordable apartment units for a total of 116 affordable units and a standards modification to allow carports within the 50’ setback on property generally located within Village B of the Ranch0 Carrillo Master Plan, south of Palomar Airport Road and north of Poinsettia Lane, between the future Melrose Drive and the eastern city boundary in the P-C Zone and Local Facilities Management Zone 18. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 4240, RECOMMENDING APPROVAL of Site Development Plan SDP 97-15 based upon the findings and subject to the conditions contained therein. II. INTRODUCTION The applicant is requesting approval of a site development plan to develop a 7 acre lot (Lot 207 of CT 97-02) within Village B of the Ranch0 Carrillo Master Plan with a 116 unit affordable apartment project and a standards modification to allow carports within the 50’ setback. Architectural elevations and floor plans are provided for the apartments and accessory development. As designed and conditioned, the project is in conformance with the General Plan, Ranch0 Carrillo Master Plan (MP 139 and its amendments), Ranch0 Carrillo Final Environmental Impact Report (EIR 91-04), Ranch0 Carrillo Hillside Development Permit (HDP 91-l 7), and the relevant Zoning Chapters of the Carlsbad Municipal Code. III. PROJECT DESCRIPTION AND BACKGROUND The Ranch0 Carrillo Master Plan (MP 139(F)) was approved by City Council on October 21, 1997. The purpose of the Master Plan is to provide for the orderly development of the Ranch0 Carrillo site, while preserving the environmental resources of the area. Grading for the entire Master Plan area was approved under Hillside Development Permit HDP 91-17. For planning purposes, the Ranch0 Carrillo Master Plan is divided into 19 villages. The Master Plan identifies the allowable type and intensity of land uses in each village and provides general development and design standards, requirements, and the method by which the Ranch0 Carrillo Master Plan will be implemented. C SDP 97- 15 - RANCH0 CAKRTLLO FAMILY HOUSING February 4,1998 Pape 2 The 7 acre lot subject to this application is Lot 207 (CT 97-02) of Village B of the Ranch0 Carrillo Master Plan. The proposed development is located in the P-C Zone and is designated by the General Plan for Residential High Density (15-23 du/ac) development with a 19 du/ac growth control point. The site sits on the southeast corner of Palomar Airport Road and Melrose Drive and has already been rough graded in conformance with HDP 91-l 7. Village B consists of 3 multi-family lots. The approved Ranch0 Carrillo Master Plan allows for the development of a total of 258 units for Village B. The development of 116 units on Lot 207 will be 12 units less than the 128 units allowed by the growth control point for the 7 acre site. Pursuant to the City’s adopted Inclusionary Housing Ordinance, a minimum of 15% of the base dwelling units in the Master Plan must be provided for lower income households. Continental Homes has processed through the Housing and Redevelopment Department and the Housing Commission an Affordable Housing Agreement for the Ranch0 Can-ii10 Master Plan and SDP 97- 15. The agreement establishes the phasing and development of the inclusionary housing for the entire Master Plan pursuant to Chapter 21.85 of the City of Carlsbad Zoning Ordinance, Inclusionary Housing. This site development plan ensures consistency with the affordable housing agreement and provides the inclusionary housing for the first phase of development of the entire Master Plan area. The Master Plan proposes 1806 dwelling units; 15% of that total is 271. The proposed 116 unit affordable apartment project consists of thirteen separate residential structures, a recreation building, and accessory uses. The proposed development includes twelve 723 square foot one bedroom, forty eight 908 square foot two bedroom, and fifty six 1,127 square foot three bedroom units; a 2,235 square foot recreation building; laundry facilities; a ‘tot- lot’ with playground equipment; a swimming pool; a 286 square foot maintenance building; and 267 parking spaces, 100 of which will be covered. The project is subject to the following land use plans, policies, programs and zoning regulations: A. General Plan; B. Ranch0 Carrillo Master Plan (MP 139 and its amendments); C. Master Plan and Zoning Ordinance Development Standards; D. ’ Inclusionary Housing (Chapters 21.85 of the Zoning Ordinance); and E. Growth Management Ordinance (Chapter 21.90 of the Zoning Ordinance) and Zone 18 Local Facilities Management Plan. IV. ANALYSIS The recommendation of approval for this project was developed by analyzing the project’s consistency with the applicable policies and regulations listed above. The following analysis section discusses compliance with each of these regulations/policies utilizing both text and tables. /5- A SDP 97-l 5 - RANCH0 CAKRILLO FAMILY HOUSING February 4,1998 Page 3 A. General Plan -4 The proposed project is consistent with the policies and programs of the General Plan. Table 1 below indicates how the project complies with the Elements of the General Plan which are particularly relevant to this proposal. ELEMENT Land Use Housing Circulation Noise TABLE 1 - GENERAL PLAN CO&lPLIANCE USE CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM Site is designated for Residential - High Density uses with a density of 15 to 23 dwelling units per acre. Encourage the provision of low income dwelling units to meet the special housing needs identified in the Housing Element. Ensure that all hillside development is designed to preserve the visual quality of the pre-existing topography. Permit the approval of discretionary actions and the development of land only after adequate provision has been made for public facilities and services in accordance with the Growth Management public facility standards. Ensure that master planned communities and all qualified subdivisions provide a range of housing for all economic income ranges. A minimum of 15% of all units approved in master plan communities shall be affordable to lower income households. Require new development to construct all roadways necessary to development prior to or concurrent with need. 65 dBA CNEL is the exterior noise level and 45 dBA CNEL is the interior noise level to which all residential units should be mitigated. PROPOSED USE AND IMPROVEMENTS Project consists of multi-family residential units at a density of 16.57 du/ac. Project consists entirely of low income affordable units to meet the provisions of the Affordable Housing Agreement for the Ranch0 Carrillo Master Plan. Grading is consistent with the approved HDP for the Ranch0 Carrillo Master Plan. Project is conditioned to construct/install all public facilities necessary to serve the development. Citywide and quadrant wide public facilities are adequate to satisfy the additional demand; therefore the project is consistent with the Zone 18 LFMP. Project complies with the Affordable Housing Agreement for the Ranch0 Carrillo Master Plan recommended for approval by the Housing Commission on January 14, 1998. Project provides required affordable units for the first phase of master plan. The project is conditioned to complete all necessary street improvements prior to occupancy of any unit. The project is conditioned to comply with the 45 dBA interior noise standard and the 65 dBA CNEL exterior noise level standard. COMPLlANCE Yes Yes Yes Yes Yes Yes Yes A SDP 97-15 - RANCH0 CAKRILLO FAMILY HOUSING February 4,1998 B. Ranch0 Carrillo Master Plan As described below, the proposed project complies with the Ranch0 Carrillo Master Plan General Community Development Standards and applicable requirements including: 1) product type and density; 2) approved Hillside Development Permit HDP 91-17; 3) design criteria; 4) Master Plan infrastructure requirements; and 5) affordable housing. 1. The Master Plan designates Village B for multi-family development with a density range of 15-23 dwelling units/acre. The proposed project consists of 116 multi-family units on 7 acres for a density of 16.57 dwelling units per acre. 2. The proposed development is consistent with the approved Hillside Development Permit (HDP 91-l 7) in that the project’s grading design is consistent with the approved mass grading design. 3. The project is consistent with the locational criteria for higher density affordable projects in that it is located at the intersection of Melrose Drive and Palomar Airport Road. This location puts it in proximity to jobs along the industrial corridor of Palomar Airport Road and potential future bus stops on Melrose Drive and Palomar Airport Road. The project will not adversely impact the overall cohesiveness and appearance of the Master Plan. The architecture and materials of the project are similar to the single family development. The project will provide onsite parking and recreational facilities to adequately serve the project and is designed with landscaped slopes and setbacks to buffer and screen the project from surrounding single family lots. A 50’ setback is required along Palomar Airport Road and Melrose Drive to screen the units from the roadway and to buffer residential units from traffic noise. The proposed landscaping within this setback area is consistent with the Master Plan landscape guidelines. Streetscape landscaping, community theme walls and fences, villages fences, as well as village entry monumentation into the project are provided in accordance with the provisions of the Master Plan. Some of the parking for this project is located in this 50’ setback as is the covered car ports for this parking, but the residential units are a minimum of 85’ from both Palomar Airport Road and Melrose Drive. 4. The project is conditioned to require that all public facilities necessary to serve the project are provided prior to, or concurrent with, development in accordance with the Zone 18 Local Facilities Management Plan. Major roadway infrastructure must be constructed to gain site access to the Master Plan area. This will include full width construction of Melrose Drive. An assessment district has been formed to help finance this improvement. The circulation system providing access to Village B has been laid out in accordance with the requirements of the approved Ranch0 Carrillo,Master Plan. These streets have been designed to city standards and will consist of curb, gutter, and sidewalk contained with the right-of-way widths specified in the Master Plan. A C SDP 97-15 - RANCH0 CHKRILLO FAMILY HOUSING February 4,1998 Page 5 Sewer service to this project will be provided by public sewer lines that will tie into a 12” sewer main to be installed to serve the entire Ranch0 Carrillo development. The sewer lines for this project will drain by gravity flow along Melrose Drive and then along Poinsettia Lane. This sewer main will then connect with an offsite pump station, which will pump sewage to the existing Buena/San Marcos Interceptor system presently located on El Camino Real. As sewer improvements have yet to be installed for the entire Master Plan area, a condition of this project will specify that sewer line improvements be guaranteed prior to approval of any final map. Domestic wafer will be provided to the project from trunk lines of the 12” water main beneath Melrose Drive. The 12” water main will be installed concurrently with the construction of Melrose Drive. An 8” reclaimed water line will be installed in Melrose Drive and will be tapped for irrigation of the slope areas. As water improvements have yet to be installed for the entire Master Plan area, a condition of the project will specify that water line improvements be guaranteed prior to approval of the final map. 5. The Ranch0 Carrillo Master Plan states that the affordable Housing for Ranch0 Carrillo may be located in Village B as multi-family condominiums or apartments. The project is consistent with both the Ranch0 Car1310 Master Plan and the Affordable Housing Agreement for the Master Plan area, reviewed and approved by the Housing Commission on January 14, 1998. The project provides the 15% inclusionary housing, for the first phase of development of the Master Plan. C. Development Standards (Master Plan and Zoning Ordinance) The proposed affordable housing project is consistent with the applicable development standards of the Ranch0 Carrillo Master Plan and the City Zoning Ordinance. Table 2 below summarizes the project’s compliance with these development standards: TABLE 2 - DEVELOPMENT STANDARDS COMPLIANCE STANDARD REQUIRED PROPOSED Dwelling Unit Setback from 50 feet minimum Palomar Airport Road and Melrose Drive 85 feet minimum Building Separation 10 feet minimum 10 feet minimum Building Height -I- ~____ 35 feet maximum r- 35 feet maximum Parking: Resident 226 spaces 153 standard spaces uncovered 100 standard spaces covered Guest 32 spaces 11 compact spaces 258 spaces total 264 total spaces C - SDP 97- 15 - RANCH0 CAKRILLO FAMILY HOUSING February 4,1998 D. Inclusionary Housing (Chapters 21.85 of the Zoning Ordinance) The Ranch0 Carrillo Master Plan requires project compliance with the City’s Inclusionary Housing Ordinance; therefore, a minimum of 15% of the total number of units within the Master Plan must be affordable to low income households. Additionally, 10% of the required affordable units must be three bedroom units. The required findings include consistency with General Plan goals and policies, adequacy of the site and street system, and a determination that the affordable units are compatible with surrounding uses, and will not adversely impact the site or surrounding areas including traffic circulation. On January 14, 1998, an Affordable Housing Agreement for the Ranch0 Can-i110 Master Plan was recommended for approval by the Housing Commission. This agreement has established the phasing and development of the affordable housing within the Master Plan. Housing Department staff are presently scheduled to take this document to the City Council on February 10, 1998 for their review. This proposed site development plan provides the inclusionary units for the first phase of development of the Master Plan in conformance with the Affordable Housing Agreement for Ranch0 Carrillo. Table 3 below demonstrates how the project complies with the Inclusionary Housing provisions of the Municipal Code: TABLE 3 - INCLUSIONARY HOUSING COMPLIANCE Mix of Bedrooms 10% (12 dus) required to Three Bedroom: 56 Units contain 3 bedrooms. Two Bedroom: 48 Units Chapter 21.53 requires the approval of a Site Development Plan for affordable housing projects of any size. The required findings, include consistency with the General Plan goals and policies (discussed previously in this report), adequacy of the site and street system, and a determination that the affordable units are compatible with surrounding uses, and will not adversely impact the site or surrounding areas. The proposed project does not meet the Ranch0 Carrillo Master Plan requirement for a 50’ structural setback from Palomar Airport Road for a number of the carports SDP 97-l 5 - RANCH0 CwKRILLO FAMILY HOUSING February 4,1998 (11 structures covering 44 spaces). In order to provide the highest quality affordable housing, the applicant is requesting that the Planning Commission recommend approval of this standards modification pursuant to Section 21.53.120(c) of the Carlsbad Municipal Code which allows an affordable housing project to have less restrictive development standards than the underlying zone (in this case the Master Plan) if the project is in conformance with the General Plan and would not have a detrimental effect on public health, safety and welfare. For the reasons discussed below, this finding and the other above noted findings can be made: a. This project is consistent with the General Plan and the Ranch0 Carrillo Master Plan as discussed in sections A and B of this report. The project would not have a significant impact on the environment as discussed below in Section F of this report. b. The intent of the 50’ structural setback requirement is twofold. It provides a visual and a physical buffer from both the living units and the highway. The physical buffer acts to ameliorate some of the deleterious edge effects that exist adjacent to arterials such as noise, exhaust, and traffic hazards. The visual buffer that is inherent in association with the physical buffer provides for a sense of space and view. Since the carports are not habitable and as’the parking is allowed within the setback areas, the physical impacts of the adjacent traffic have already been assumed. The negative visual impact potential is mitigated (1) by the existence of a six foot perimeter noise wall between the structures and the right of way of Palomar Airport Road of a perimeter noise wall and (2) because the pad level for the carports at the eastern end is at an elevation 25’ below the travel way of Palomar Airport Road. In this area the carports should not be visible from Palomar Airport Road. Where the pad level and roadway are at the same level adjacent to the Melrose Drive and Palomar Airport Road intersection, landscaping has been incorporated into the plan to mitigate the visual impact of the carports. E. Growth Management Ordinance - Zone 18 Local Facilities Management Plan The project is located within Local Facilities Management Zone 18 in the City’s southwest quadrant and is subject to the conditions of the Zone 18 LFMP. The 116 units proposed are 12 units below the Growth Management control point allowance of 128 units for the 7 acre site. The impacts on public facilities created by this project and compliance with the adopted performance standards are smmnarized as follows: . II TABLE 4 - GROWTH MANAGEMENT COMPLIANCE II STANDARD City Administration Library IMPACTS 404 square feet 2 15 square feet COMPLIANCE Yes Yes Waste Water Treatment Parks Drainage 116EDU 0.8 acres Drainage Basin D Yes Yes Yes SDP 97-15 - RANCH0 CARRILLO FAMILY HOUSING February 4, 1998 II TABLE 4 - GROWTH MANAGEMENT COMPLIANCE II Circulation I 928 ADT I Yes Fire I Station 5 I Yes Open Space 189.9 (Master Plan OS Performance Standard) Yes Schools Sewer Collection System San Marcos USD 116EDU Yes Yes Water I 25,520 GPD I Yes F. ENVIRONMENTAL REVIEW The project is located within the boundaries of the Ranch0 Carrillo Master Plan (MP 139(F)) which regulates the entire 680 acre site. The direct, indirect, and cumulative environmental impact from the future development have been analyzed in the Final Environmental Impact Report (EIR 91-04) certified by the City Council on July 27, 1993. Additional project level studies have been conducted including a supplemental noise analysis and soils contamination assessment. These studies provide more focused and detailed project level analysis and indicate that additional environmental impacts beyond what was analyzed in Final EIR 9 l-04 would not result from implementation of the project, This project qualifies as within the scope of both the Ranch0 Carrillo EIR and the City’s MEIR as identified in Section 21083.3 of the California Environmental Quality Act; therefore, the Planning Director issued a Notice of Prior Environment Compliance on January 29, 1998. The applicable mitigation measures of Final EIR 91-04 and MEIR 94-01 are included as conditions of approval for this project. With regard to air quality and circulation impacts, the City’s MEIR found the cumulative impacts of the implementation of projects consistent with the General Plan are significant and adverse due to regional factors, therefore, the City Council adopted a statement of overriding considerations. The project is consistent with the General Plan and as to those effects, no additional environmental documentation is required. ATTACHMENTS: 1. 2. 3. 4. 5. 6. 7. 8. 9. Plarming Commission Resolution No. 4240 Location Map Background Data Sheet Notice of Prior Environmental Compliance dated January 29, 1998 Affordable Housing Agreement for the Ranch0 Carrillo Master Plan Local Facilities Impact Assessment Form Disclosure Form Reduced Exhibits dated February 4, 1998 Exhibits “A” - “T”, dated February 4, 1998 BH:nm BACKGROUND DATA SHEET CASE NO: SDP 97- 15 CASE NAME: Ranch0 Carrillo Familv Housing APPLICANT: Carlsbad Familv Housing c/o Michael Galasso REQUEST AND LOCATION: Site Develonment Plan for an 116 unit anartment LEGAL DESCRIPTION: A uortion of Section 24. Townshiu 12 South, Range 4 West, San Bernardino Meridian & a portion of Sections 18 and 19, Townshio 12 South, Range 3 West APN: 221-012-12 & 13 Acres: z Proposed No. of Lots/Units: 116 GENERAL PLAN AND ZONING Land Use Designation: RI-I Density Allowed: 19 d.u./ac. Density Proposed: 16.57 d.u./ac. Existing Zone: PC Proposed Zone: PC Surrounding Zoning and Land Use: (See attached for information on Carlsbad’s Zoning Requirements) Zoning Land Use Site PC vacant North PM vacant south PC vacant East PC vacant West LC vacant /r PUBLIC FACILITIES School District: San Marcos Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 116 Public Facilities Fee Agreement, dated: Januarv 10, 1997 ENVIRONMENTAL IMPACT ASSESSMENT cl Negative Declaration, issued cl Certified Environmental Impact Report, dated lxl Other, Prior Compliance dated Januarv 29. 1998 PUBLIC NOTICE OF PRIOR ENVIRONMENTAL COMPLIANCE Please Take Notice: The Planning Department has determined that the environmental effects of the project described below have already been considered in conjunction with previously certified environmental documents and, therefore, no additional environmental review will be required and a notice of determination will be filed. Project Title: SDP 97-l 5 - Ranch0 Carrillo Family Housing Project Location: Ranch0 Carrillo Master Plan Village B - Southeast corner of Melrose Drive and Palomar Airport Road, City of Carlsbad, County of San Diego. Project Description: Site Development Plan to construct 116 affordable apartments on a pregraded site in the Ranch0 Carrillo Master Plan. Justification for this determination is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within 20 days of date of publication. DATED: January 29, 1998 CASE NO: SDP 97-15 CASE NAME: Ranch0 Carrillo Family Housing PUBLISH DATE: January 29, 1998 \ MICHAEL J?f&LZI\MLER Planning Director 2075 Las Palmas Dr. - Carlsbad, CA 92009-l 576 - (760) 438-W 610 ,eAX (760) 438-0894 @ MARKED TO SHOW cHAN< XOM PREVIOUS DRAFT OF 01/06/98. - Deletions appear as struck-throu&- .Gxt surrounded by H. Additions appear as double-underliged text. Redlining provided as convenience only with no warranty as to accuracy. RECORDING REQUESTED BY City of Carlsbad WHEN RECORDED MAIL TO: City of Carlsbad City Clerk’s Office Attn: City Clerk 1200 Carlsbad Village Drive Carlsbad, California 92008 (ABOVE SPACE FOR RECORDER’S USE) AFFORDABLE HOUSING AGREEMENT IMPOSING RESTRICTIONS ON REAL PROPERTY This AFFORDABLE HOUSING AGREEMENT IMPOSING RESTRICTIONS ON REAL PROPERTY (“Agreement”), entered into this day of 1998, by and between the CITY OF CARLSBAD, a municipal corporation (*City”), and CONTINENTAL RANCH INC., a Delaware corporation (“Developer”), is made with reference to the following: A. Developer is the owner of certain real property in the City of Carlsbad, in the County of San Diego, California (“Subject Property”) described in “Attachment A,” which is attached hereto and incorporated herein by this reference. B. Developer wishes to construct f3353 1.8 16 residential units (*M Master Development”) on B the Subject Property. The City has approved the Ranch0 Carrillo Master Plan (“Master Plan”); Carlsbad Tract Map Numbers CT 93-01, CT 93-04, CT 93-07, CT 93- 08 and CT 95-06; Planned Unit Development Numbers PUD 93-06, PUD 93-07, PUD 95-04 AND PUD 95-05; and, Site Development Plan Numbers SDP 94-01, SDP 95-12 and SDP 95-13 for the fi Master Development-. The City issued these approvals subject to certain Conditions of Approval, including a condition requiring fifteen percent (15%) of the units in the Master Development to be affordable housing as required by the City’s Inclusionary Housing Ordinance, Carlsbad Municipal Code Chapter 21.85 (“CMC Chapter 21.85”). In that regard, this Agreement, as supplemented and amended from time to time, is intended to implement the 1114l98 1 requirements imposed by CMC Chapter 21.85 for these approvals and all future City approvals of tentative maps, planned development permits and site development plans pursuant to the Master Plan. C. Developer has indicated that it intends to meet its inclusionary housing requirement for w the Master Development by constructing, or causing to be constructed, w 218 units within Village B of the Master Pl an, illtw e e units disnersed throuphout the Master Develonment. D. Developer is required by the Conditions of Approval .to enter into an Affordable Housing Agreement as required and with the content specified by CMC Chapter 21.85. This Agreement is an Affordable Housing Agreement pursuant to CMC Section B 21.85.020(2], and shall be signed prior to the appraval of any Final Map for the Subject Property. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: . 1. Incor_Doration of R=hls . The Recitals are hereby incorporated in this Agreement. 2. . . Satisfaction Obhgatron an d . . Condrttons of Appr oval. In order to satisfy the Conditions of Approval of CT 93-01, CT 93-04, CT 93-07, CT 93-08, CT 95-06 and &ure tentative maps approved by the City within the Master Plan, and the requirements of CMC Chapter 21.85, Developer shall cause a minimum @&m&J* unless adiusted as nrovided in this APreement. of two hundred @+&teen (I la v (272’1 units @&4mx+J of the Master se entv tw - o Development to be affordable to lower-income households (the “Affordable Units”), according to the schedule and terms contained herein. 3. er and Tvne of Affordable UnitS. Developer shall construct, or cause to be . . constructed, m on the Subiect Prooertv two hundred m e iehteen(2181 dwelling units (“Affordable Multifamily Units”) and a maximum of fiftv-four (54) secondarv dwe * . ” lime &+$ffordable Second DwellirbgUnits”). However. the Da&es recormize that constructron of the Master Develonment willgrobablv result in the actual construction of less than the authorized 1.8 16 residential units. Accordin&. the actual number of Affordable Units to be . . constructed m be less than 272 umts rf the actual number of market rate units built within the Master Develor??t is less than th total of L8 ea uthon ‘zed 16 market rate units and Affordable Units, The reduction. if e in the number of reauired Affordable Units. as a result of the develooment of the Master Develonment. will be made in Phase 2. as defined in Paramrh 4 below. of the Affordable Multmilv Units. 4. Terms Governing Provision of Affordable Multkilv Units. Provision of the Affordable Multifamily Units shall be governed by the following terms: 4.1 Locatt . ‘on of Mulufamilv Un&. The @%as&j Affordable Multifamily Units . shah 3 be constructed m jn two nhases in Village l/14/98 2 B of the Master Development. C consist of one hundred two (102) units. However. nrior to the anoroval of the site develonment plan for Phase 2. the narties will review and azree on the total number of market rate units which will be built within the Master Develonment. If the total number of affordable units reauired bv CMC Chaoter 21.85 is less than 272. then DeveloDer shall onlv be reauired to build in Phase 2 the difference between 170 (the 116 Affordable Multifamilv Units nrovided in Phase 1 and the 54 llulg Units) and the new total Affordable Units reou&nent based unon the Aff rda le ec o b S ond D reduction in the numbzof actual market rate units reasonablv anticinated to be constructed within the Master Develonment. 4.2 Size and Bedroom Count. The Phase 1 Affordable Multifamily Units shall include one, two and three bedroom units in the numbers and with the square footages indicated in “Attachment B” to this Agreement. 4.3 Affordabilitv Reouirements. The Phase 1 AfEordable Multifamily Units shall be restricted to occupancy by households with incomes, at the time of initial occupancy, that do not exceed 50%, 60%, or 80% of the median income for San Diego County, adjusted for actual household size. Twenty percent (20%) of the Phase 1 Affordable Multifamily Units shall be affordable to households with incomes, at the time of initial occupancy, that do not exceed 50% of the median income for San Diego County, adjusted for actual household size; forty percent (40%) of the Phase 1 Affordable Multifamily Units shall be affordable to households with incomes not exceeding 60% of the median income; and forty percent (40%) of the Phase 1 Affordable Multifamily Units shall be affordable to households with incomes not exceeding 80% of the median income. Monthly rents (including utility allowance as published by the United States Department of Housing and Urban Development) of the Affordable Multifamily Units shall not exceed l/12* of 30% of the designated percentage of median income for San Diego County, adjusted for assumed household size appropriate for the unit. Median income figures shall be those published annually by the United States Department of Housing and Urban Development. Assumed household size figures shall be provided to Developer by the City of Carlsbad Housing and Redevelopment Department. With respect to each Affordable Multifamily Unit, the affordability requirements of this Section 4.3 shall continue for fifty-five (55) years from the date of issuance of a Certificate of Occupancy by the City for such unit. The affordability requirements of this Section 4.3 shall be set forth in the Regulatory Agreement between the Developer or its successor and the City, provided for in Section 4.7.4 below, which shall supersede this Agreement with respect to the Phase 1 Affordable Multifamily Units upon recordation of the Regulatory Agreement. 4.4 Affordable Housinz Developer. Developer has indicated it will contract with an affordable housing developer to develop and construct the Phase 1 portion of the Affordable Multifamily Units to be constructed in Village B. Developer shall obtain prior City approval of the developer and proposed development agreement for the units (“Affordable Housing Development Agreement”). The Affordable Housing Development Agreement shall describe with particularity the financial arrangements for the construction of the Affordable Multifamily Units, the restrictions applicable to the Affordable Multifamily Units and the record keeping obligations for the management of the units. l/14/98 3 4.5 Schedule for Develonb Affordable Multifamilv Units. Developer shall provide the Affordable Multifamily Units pursuant to the following schedule: 4.5.1 Prior to the approval of any Final Map for the Master Development, the following shall be in place: 4.5.1.1 This Agreement shall be duly signed and recorded against the M Subiect Pronerty . 4.5.1.2 A Site Development Plan shall be approved for the Phase 1 Affordable Multifamily Units. City hereby agrees to priority process the Site Development Plan for the Phase 1 Affordable Multifamily Units. 4.5.2 Building permits shall not be issued for more than 225 of the market . rate units m of the Master Development prior to the Phase 1 Affordable Multifamily Units in Village B being under construction. For purposes of this Agreement, “under construction” means approval and issuance of the building permits and completion of inspection(s) for the foundation(s) for the initial phase of the Phase 1 Affordable Multifamily Units. m These 225 building permits for . market rate units 2 may be allocated among the villages fhswasey of the Master Development in any combination as Developer determines in its sole discretion. 4.5.3 Building permits shall not be issued for more than 500 total of the . market rate units m of the Master Development prior to completion of the construction of the Phase 1 Affordable Multifamily Units in Village B. After final inspection is complete by the Building Department and a final Certificate of Occupancy is issuedf;f for the Phase 1 Affordable Multifamily Units, building permits may be obtained for B ,an additional 27% market rate units m”,This it threshold I&J market rate units of the Master Development shall be increased bv six (6) market rate units for each le Second Dwellinp Unit constructed nrior to the date the number of market rag! te ‘t . i ’ eat withthe’ of 6 market rate units allocated to the stage in which the Affordable Second Dwelling Units are constructed. e le * For xam~ . tf 10 Affordable Second Dwelling Units are constructed among th first 225 mar e rate units. the 225 market rate units shall be kt increased bv 60 (6 x 1:) to 285 market rate units for all nurooses of thisApse- 4.5.4 l-e 775 build’ nermits for te un’t Eoerm 1 s of th Master Develonment. extent as th e is 775 buildi it threshold is adiusted nursuant to Subs arzjgraoh 42 .3 hall be hase 2 Affordable Multifamilv Units. a nnro e for th vd eP 4.5.5 BuildinP oermits shall not be issued for more than 1040 of the market l/14/98 4 - rate 3 un s f e M it 0 th aster eve10 D nment. as adiusted nursuant to Suboar agranh 4.5. above. mior to the Phase 2 Affordable Multifamilv Units in Village B beine under construction. C mn ‘an e enort. Following completion of construction of fjhej & Phase m & Affordall: Multiitity brnt, a Compliance Report meeting the requirements CMC Section 2 1.85.180, verifying compliance of the completed Phase @j ef Affordable Multifamily Units with the terms of this Agreement and certified as correct by a third-p&, shall be submitted annually to the Housing and Redevelopment Director. If similar reports on #hej t& Phase @j gf Affordable Multifamily Units are required for regulatory compliance with other financing programs, those reports may be deemed satisfactory for the purpose of this section by the Housing and Redevelopment Director, with respect to jjth$ such Phase w ef Affordable Multifamily Units covered by such reports, provided that copies of those reports are provided on an annual basis to the Housing and Redevelopment Director with a third party certification addressed to the City. 4.7 Citv Approval of Documents. The following documents, in form and substance acceptable to the City, shall be used in connection with the rental of @hej & Phase w a Affordable Multifamily Units. Such documents shall be prepared by the Developer or its successor and shall be submitted to the Housing and Redevelopment Director for review and approval no later than the commencement of construction of fthe3 & Phase w sf Affordable Multifamily Units: 4.7-l A marketing plan establishing the process for seeking, selecting and determining the eligibility of tenants of @K+ Phase f+3 d Affordable Multifamily Units. 4.7.2 A form of Rental Agreement. 4.7.3 A property management plan. 4.7.4 A form of regulatory agreement between the Developer or its successor and the City (“Regulatory Agreement”). 5. dme Pro 1s on o Affordable Second Dwelling Units. Provision of the Terms R P ear- v’i f Affordable Second Dwelling Units shall be gp em bv the following terms: v ed 5.1 Location of Units. The Affordable Second Dwelling Units shall be snecifically identified and aDDroved as hart of Villages G. H. J. K. M. 0. and R of the Master Plan as indicated in “Attachment C” to this Agreement. The lots identified as includinp an Affordable Second Dwelliag Unit shall be reauired to have an aDDroved Site Develonment Plan. unless otherwise aDDrOVt?d bv the Communitv Develonment Director. Drier to construction on the lot. 5.2 Size and Bedroom Count. The Afhordable Second Dwell& Units shall meet tie e ui me t 1 lating thereto on the date of thi 1114l98 5 Ameement. as resnects use of a secondatv dwelling unit to fulfil1 affordable housing reauirements. 5.3 Affordabilitv of Second Dwelling Units. Affordable Second DwellinP Units shall be nrovided in accordance with the reauirements of CMC Section 2 1.10.015. Affordable 1 mgUrugg S 0 ec nd Dwe 1’ ‘ts e butaren unit is rented. the monthlv rent fincludine utilitv allowance’l shall not exceed l/12* of 30% of 80% of median income in San Dieeo Countv. adiusted for assumed household size annronriate for the unit. as reauired musuant to CMC Section 21.10.0151p). Median income figures shall be those published annuallv bv the United States Denartment of Housinp and Urban Develooment. Assumed house Id ize 1 of ho s f cures shall be nrovided to Develooer bv the Citv Denartm ent Housing and Communitv Develonment. The afhordabilitv reauirements of this Section 5.3 shall continue for the useful life of thfi r Qdabl e ec d Dwelli t less than 30 ve from the date of comnletion of orie’ mal construction. 5.4 Schedule of Develonment of Second DwellinP Uni&lhe Affordable Second Dwelli ne Urn s al be onstructed in the normal course of develonment th the mar ‘ts h 1 c wi ket rate sinple- _ familv units included within the Master Develooment. The mordable Second Dwelling Units shall be develoned in Villapes G. H. J. K. M. 0 and R. and shall be constructed accordine to Develoner’s n schedule for constructing th e market rate sinele-familv units: nro d. ho vide wever. the constructio of the Affordable Second Dwelling Units shall be reasonablv nronortionate to the construction of market rate sinele-famil_v units. th e 6 - Release of Subiect Pronertv From Agreem ent. The covenants and conditions herein contained shall apply to and bind the heirs, executors, administrators, successors, transferees and assignees of all the parties having or acquiring any right, title or interest in or to any part of the Subject Property, and shall run with and burden the Subject Property until terminated in accordance with the provisions hereof. Prior to the issuance of building permits, Developer shall expressly make the conditions and covenants contained in this Agreement a part of any deed or other instrument conveying any interest in the Subject Property. Notwithstanding anything to the contrary set forth in this Agreement, individual purchasers of single-family units pursuant to an approved public report in compliance with the California Subdivided Lands Act, and mortgage lenders holding deeds of trust on such individual units after sale to such purchasers, shall not be subject to the terms of this Agreement; and the terms of this Agreement shall be of no further force or effect with respect to such completed unit on the date of the recordation of a deed to the individual purchaser. Upon allocation by the Developer of the building permits for the first 225 market rate units among the villages in M the Master Development, in any combination as Developer determines in its sole discretion, then those 225 market rate units shall be released from the burdens of this Agreement. Upon allocation by the Developer of the building permits for the 226”’ through 500* market rate units among the villages in m the Master Development, in any combination as Developer determines in its sole discretion, and after the Phase 1 Affordable Multifamily Units in Village B are under construction, then the 226* through 500* market rate units shall be released from the burdens of this Agreement. After final inspection is complete, or a final Certificate of Occupancy is issued, for the Phase 1 Affordable Multifamily Units, then w an additional 275 market rate units in w the Master Development shall be released from the burdens of this Agreement.. l/14/98 6 619 AnnrODliate adiustments shall be made in the number of market rate units released from the burdens of this Aereement consistent with the increases in building nermits oursuant to SuboaraPraDh 4.5.3 4 above. o issuance f a uildin rdable Multif il Units in VillaPe B. then the remaininP balance of the Subiect Prooertv. with the excention of the Affordable Second Dwelling Unit lots identified nursuant to Daramanh 5.1 above, shall be released from the burdens of this Agreement. M 2. Default. Failure of Developer to cure any default in Developer’s obligations under the terms of this Agreement within ninety (90) days after the delivery of a notice of default from the City (or where the default is of a nature which cannot be cured within such ninety (90) clay period, the failure of Developer to comxnence to cure such default within the ninety (90) day period or Developer’s failure to proceed diligently to complete the cure of such a default within a reasonable time period) will constitute a breach of this Agreement and the requirements of Carlsbad Municipal Code Chapter 2 1.85 and the City may exercise any and all remedies available to it with respect to Developer’s failure to satisfy the Conditions of Approval and Chapter 21.85 of the Carlsbad Municipal Code, including, but not limited to, the withholding of building permits for the market rate units within the Master Plan. m 8. mtment of Other Agencies. At its sole discretion, the City may designate, appoint or contract with any other public agency, for-profit or non-profit organization to perform the City’s obligations under this Agreement. w 2. Hold bless. Developer will indemnify and hold harmless (without limit as to amount) City and its elected officials, officers, employees and agents in their official capacity (hereinafter collectively referred to as “Indemnitees”), and any of them, from and against all loss, all risk of loss and all damage (including expense) sustained or incurred because of or by reason of any and all claims, demands, suits, actions, judgments and executions for damages of any and every kind and by whomever and whenever made or obtained, allegedly caused by, arising out of or relating in any manner to Developer’s actions or defaults pursuant to this Agreement, and shall protect and defend Indemnitees, and any of them, with respect thereto. ffl u. hsurance Requirements. Developer (or its successor or successors) shall obtain, at its (or theirexpense, comprehensive general liability insurance for development of the @%ts&J Affordable Multifamily Units naming Indemnitees as additional named insureds with aggregate limits of not less than Five Million Dollars ($5,000,000) for bodily injury, and death and property damage, including coverage for contract liability and products and completed operations purchased by Developer (or its successor or successors) from an insurance company duly licensed to engage in the business of issuing such insurance in the State, with a current Best’s Key Rating of not less than A-V, such insurance to be evidenced by an endorsement which so provides and delivered to the City Clerk prior to the issuance of any building permit for the M Affordable Multifamily Units, i?-wu. Notices. All notices required pursuant to this Agreement shall be in writing and may be given by personal delivery or by registered or certified mail, return receipt requested, l/14/98 7 to the party to receive such notice at the addresses set forth below: To the City of Carlsbad: CITY OF CARLSBAD Housing and Redevelopment Department Attn: Housing and Redevelopment Director 2965 Roosevelt Street, Suite B Carlsbad, California 92008-2389 To the Developer: CONTINENTAL RANCH, INC. Attn: Dave Lother 12636 High Bluff Drive, Suite 300 San Diego, California 92 130 Any party may change its address to which notices are to be sent by notifying the other party of the new address, in the manner set forth above. fwu- bteyted Agreement. This Agreement constitutes the entire agreement between the parties and no modification hereof shall be binding unless reduced to writing and signed by the parties hereto. w JJ. . .-on of-. This Agreement shall f-l,,:- #te and become null and old DOII th earrermit for th last Afford ngto be v’ u e ’ *a ’ . . e able U ‘t c cn cted ent: C ation 0 e atorv Aareements described in Section 4.7.4 for all of the Affordabl~~&fultifamilv Units: or cc) unon the . gram.mg of a written relqs bv th . orJ?ollomg e e CommumW D eve10 . nmen t Direct termination of the Agreement. the reauirements of CMC Chanter 21.85 reearding annual comnliance reuorts. as se? forth in S cuon o adv. Th.ts Ameement. and anv ~aram D& e ’ 4. f ’ 6 o tis A-me& shall conQnu * et . a 3 a r covenant contained herei n the ‘tte et Develoner and the Communitv Develonment Director. w3u- Recordiq&&reeme& The parties hereto shall cause this Agreement to be recorded against the Subject Property in the Official Records of the County of San Diego. w J& SeverabiliQ. In the event any limitation, condition, restriction, covenant or provision contained in this Agreement is to be held invalid, void or unenforceable by any court of competent jurisdiction, the remaining portions of this Agreement shall nevertheless be and remain in full force and effect. IN WITNESS WHEREOF, the patties hereto have caused this Agreement to be signed as of the day and year fust above written. CITY: CITY OF CARLSBAD, a municipal corporation By: MARTINORENYAK Community Development Director Approved as to form: RONALD R BALL, City Attorney DEVELOPER: l/14/98 9 CO-AL RANCH, INC., a Delaware corporation By: Its: By: Its: A ATTACHMENT ‘A (Subject Property) l/14/98 10 ATTACHMENT “B” phase 1 Size and Bedroom Count) @ ber of Sa are Footave urn II Number of of Un Bedrooms it Units l/14/98 11 34 l/14/98 12 A. B. C. D. E. F. G. H. I. J. K. L. - - CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: Ranch0 Carrillo Familv Housing SDP 97-15 LOCAL FACILITY MANAGEMENT ZONE: 18 GENERAL PLAN: RH ZONING: PC ’ DEVELOPER’S NAME:Carlsbad Family Housing Partnership ADDRESS: 600 W. Broadway, Suite 1070. San Dieno, CA 92101 PHONE NO.: (619) 2322100 ASSESSOR’S PARCEL NO.: 212-012-12 & 13 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 116 unit affordable apartment ESTIMATED COMPLETION DATE: unknown City Administrative Facilities: Demand in Square Footage = 404 Library: Demand in Square Footage = 216 Wastewater Treatment Capacity (Calculate with J. Sewer) 116EDU Park: Demand in Acreage = .8 Drainage: Demand in CFS = na Identify Drainage Basin = D (Identify master plan facilities on site plan) Circulation: Demand in ADT = 928 (Identify Trip Distribution on site plan) Fire: Served by Fire Station No. = #2.5, and 6 Open Space: Acreage Provided = per Master Plan Schools: San Marcos Unified (Demands to be determined by stat?) Sewer: Demands in EDU 116 Identify Sub Basin = Buena/San Marcos Interceptor (Identify trunk line(s) impacted on site plan) Water: Demand in GPD = 116 EDU The project is incomplete for this village as two lots are remaining. The Master Plan has allocated 258 units to this village, of which this project requests 116 units. 36 ). DISCLOSURE STATEMENT Applicant’s statement or disclosure of certain ownership interests on all “applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information must be disclosed: ’ 1. APPLICANT List the names and addresses of all persons having a financial interest in the application. Carl&ad Family Housing Partnership 600 West Broadway, Suite 1070, San Diego, 92101 Housing Opportunities Inc. PO Box 81663 . San Diego 9a38-166% Barone Galasso and Associates, Inc. 600 West Broadway, Suite 1070, San Diego 92101 2. OWNER List the names and addresses of all persons having any ownership interest in the property involved. ContinentalU--- @& J-&. 12636 High Bluff Dr., Ste. 300, San Diego, 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. Ames V. Ekwone 600 West Broadway, Suite 1070 Michael B. Galasso San Diego, CA 92101 If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. Housing Oportunities, Inc. PO Box 81663 San Diego, CA 92138-1663 37 2075 Las Palmas Dr. l Carlsbad c:d oTnno.- c7.p .- I-- -’ ,-- ._ . - h __ -‘I 5. Have you had more ch. $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? cl Yes cl X No If yes, please indicate person(s): Person is defined as -Any individual, firm, co-partnership, joint venture, association, social club, fraternal organitition, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit.” NOTE: Attach additional sheets if necessary. \ &-a&-# . Signature of owner/date / CQNTmfEN~ #&tlEr+, L-f@* B*vIP A. LenkG~ Print or type name of owner ti ; Michael B. Galasso Print or type name of applicant Disclosure Statcmont 1 OF36 Er L .? : . . 1 t, i Z $ I L1, I- / w z- m 0, I 2 0 . .; Jti w > W 0 W I7 0 I \ r i 9 l =y s” . b I / 1: ” ,, ! ‘I 1 ,‘I’, i, ‘:, ! : 5, Ii ’ I, i I !‘, 2’ / I I Y. Ill i / / / I 1 / I / j 1.1 / . I I / 1 j ~ I ; I i .j ~ I f i j : iigi $ 3- ; 9, .- :I i 1 I .T i! u a ’ I L */#I I I - i I t - x w * z - + w u I In r 7 2 -,z u1 g :,t $ ~ _1 : a /~ :; ? ,3 + z Q r-r+ LY.2.L 5185151 d I P’ I- 8 @a; 2s 32 9s *:; I ;n,\,;‘+J ” i -’ /I, ,\j Im -, , I y” ipg ‘?I 1 9 z it --‘L I I I P ! c; > : $ : cl: u: > is 7E! r * . & 3: ” “: 2; Y < -tl : Q I I I 9-.a gl Yl 1 . -. L I bq?k _..... . . . . . . .._..._ g ---- . . . . . . . . . . . . . . . . . . ::I d t--em-: g ii k ii e-r+-r LYYYY s(s(8851 $.Z%$si = . . . . . 3 9 ; gag;. 3 hit, QUe;l t -,m : Eithtc n 8 2’9 $ 2 8; :i ,c : ,t j_ ,_ 1: ‘: . -. * I co a.1 a J- a5 i I . . . . . . . . . . 0 ‘5 0: N w’ Lu rC - 7 m m -1 : T 31 dl d 21 7 0 Q “7 7 $$ g /P - - I. ,* ,$ ,‘; : ? . -. g . P s a E 2 x 4 I! > z : I :i 0: . ” 0; ) =I ;u % :* I * . :m i@ D. ? <’ 0: DW z; Y .I -%I : Q I t . -* 2 T .j ~ I r!” 51; 415 1 ‘iZ m v1 N w F. &ICY 3 -f - --I 46’ ‘Lo & _.__._ -- . . .._....._............- ~ ~--------------------------.---!- -+ 5 i +?I & p j’k* 2 .y 2 ; jiz ;I$ I ‘2 !_ ‘; ,” I’ ,~ if ,. E - I L 1 c March 2,1998 To: MAYOR AND CITY COUNCIL VIA: CITY MANAG 9 !. FROM: HOUSING AND REDEVEIiOPMENT DIRECTOR AGREEMENT FOR RANCH0 CARRILLO FAMILY HOUSING PROJECT The Affordable Housing Agreement attached to the agenda bill (AB #14,573) on the Ranch0 Carrillo Family Housing Project (SDP 97- 15) is not the correct agreement for consideration purposes. The agreement included in the agenda bill was that which was proposed by the developer, Continental Homes. The agreement approved by the City Council on February 10, 1998 was that which was proposed by staff. Attached is the correct version of the Affordable Housing Agreement for your information. If you have any questions about the Affordable Housing Agreement for Ranch0 Canillo, please contact my office at X2935. sILtiD DEBBIE FOUNTAIN URECENE I CflYcaJwL c a- - cd 1 I I 3\ a\CIQ -w b DATE Cliy MANAGER 1 RECON)mG REQUESTED BY . City of Carlsbad WHEN RECORDED MAIL TO: City of Carlsbad City Clerk’s Office Ann: City Clerk I 200 Carlsbad Village Drive Carlsbad, California 92005 (ABOVE SI’ACE FOR RECORDER’S ME) AFFORDABLE HOUSIiiG AGREEMENT IMPOSING RESTRICTIONS ON REAL PROPERTY This AFFORDABLE HOUSING AGREEMENT IMPOSING RESTRICTIONS ON REAL PROPERTY (“Agreement”), entered into this day of 1998, by and between the CITY OF CARLSBAD, a municipal corporation (“City”), and CONTlkENTAL RANCH INC., a Delaware corporation (“Developer”), is made with reference to the following: A.‘” Developer is the owner of certain real property in the City of Carlsbad, in the County of San Diego, California (“Subject Property”) described in “Attachment A,” which is attached hereto and incorporated herein by this reference. B. Developer wishes to construct 775 residential units (“Phase ‘1 of the Master Development”) on a portion of the Subject Property, The City has approved the Ranch0 Carrillo Master Plan (“Master Plan”); Carfsbad Tract Map Numbers CT 93-01, CT 93-04, CT 93-07, CT 93-08 and CT 95-06; Planned Unit Development Numbers PUD 93-06, PUD 93-07, PUD 95-04 AND PUD 95-05; and, Site Development Plan Numbers SDP 94-01, SDP 95-12 and SDP 95-13 for the “Master Development” of the Subject Property. The City issued these approvals subject to certain Conditions of Approval, inchtding a condition requiring fifteen percent (15%) of the units in the Master Development to be affordable housing as required by the City’s Inciusionary Housing Ordinance, CarIsbad Municipal Code Chapter 2 1.85 (“CMC Chapter 21.85”). In that regard, this Agreement, as supplemented and amended from time to time, is intended to implement the requirements imposed by CMC Chapter 2 I .85 for these approvals and all future City approvals of tentative maps, planned development permits and site development plans pursuant to the Master Plan. C. Developer has indicated that it intends to meet its inclusionary housing requirement for Phase 1 of the Master Development by constructing, or causing to be constructed, 116 units within Village B of the Master Plan. 01/06/98 I . D. Developer is required by the Conditions of Approval to enter into an Affordable Housing Agreement as required and Lvith the content ,specified by CMC Chapter 21.85. This Agreement is an Affordable Housing Agreement pursuant to CMC Section 21.85.020(b)(5), and shall be signed prior to the approval of any Final Map for the Subject Property. . . NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as fol[ows: 1. Incorporation of Recitals. The Recitals are hereby. incorporated in this Agreement. 3 -. Satisfaction of Affordable Housinz Obligation and Conditions of hDrOVa[. In order to satisfy the Conditions of Approval of CT 93-O 1, CT 93-04, CT 93-07, CT 93-05, CT 95 06 and future tentative maps approved by the City within the Master Plan, and the requirements of CMC Chapter 21.85, Developer shall cause a minimum of one hundred sixteen (116) units of Phase 1 of the Master Development to be affordable to lower-income households (the “Affordable Units”), according to the schedule and terms contained herein. 3. Number and Tvue of Affordable Units. Developer shall construct, or cause to be constructed, one hundred sixteen (I 16) multifamily dwelling units (“Affordable Multifamily Units”). 4. Terms Govemine Provision of Affordable MuItifamilv Units. Provision of the Affordable Multifamily Units shall be governed by the following terms: 4.1 Location of Muhifamilv Units. The Phase 1 Affordable Multifamily Units shall consist of one hundred sixteen (I 16) units to be constructed within Village B of the Master Development. 4.2 Size and Bedroom Count. The Phase 1 Affordable Multifmily Units shall ’ include one, two and three bedroom Units in the numbers and with the square footages indicated in “Attachment B” to this Agreement. 4.3 Affordabilitv Requirements. The Phase 1 Affordable Multifamily Units shall be restricted to occupancy by households with incomes, at the time of initial occupancy, that do not exceed 50%, 60%, or 80% of the median income for San Diego County, adjusted for actual househoId size. Twenty percent (20%) of the Phase 1 Affordable 1MultifamiIy Units shall be affordable to households with incomes, at the time of initial occupancy, that do not exceed 50% of the median income for San Diego County, adjusted for actual household size; forty percent (40%) of the Phase 1 Affordable [Multifamily Units shall be affordable to households with incomes not exceeding 60% of the median income; and forty percent (40%) of the Phase 1 Affordable Multifamily Units shall be affordable to households with incomes not exceeding 80% of the median income. Monthly rents (including utility allowance as published by the United States Department of Housing and Urban Development) of the Affordable Multifamily Units shall not exceed 1/121h of 30%.of the designqted percentage of median income for San Diego 01 iO6198 2 County, adjusted for assumed household size appropriate for the unit. Median income figures shah be those published anrmrr[ly by the United States Department of Housing and Urban Development. Assumed household size tigures shall be provided to Developer by the City of Carlsbad Housing and Redevelopment Department. With respect to each Affordable Multifamily Unit, the affordability requirements of this Section 4.3 shall continue for fifty-five (55) years from the date of issuance of a Certilricate of Occupancy by the City for such unit. The affordability requirements of this Section 4.3 shall be set forth in the Regulatory Agreement between the Developer or its successor and the City, provided for in Section 4.7.4 below, which shall supersede this Agreement with respect to the Phase 1 AfZxdable Multifamily Units upon recordation of the Regulatory Agreement. 4.4 Affordable Housina Developer. Developer has indicated it wiI1 contract with an affordable housing developer to develop and construct the Phase I portion of the Affordable Multifami[y Units to be constructed in Village B. Developer shall obtain prior City approval of the developer and proposed development agreement for the units (“Affordable Housing Development Agreement”). The ,4ffordable Housing Development Agreement shall describe with particularity the financial arrangements for the construction of the Affordable Multifamily Units, the restrictions applicable to the Affordable Multifamily Units and the record keeping ob1igations for the management of the units. 4.5 Schedule for Develouinn Affordable Multifamilv Units. Developer shaI1 provide the Affordable Multifamily Units pursuant to the following schedule: 45.1 Prior to the approval of any Final Map for the Master Development, the following shall be in place: 4.5.1.1 This Agreement shall be duly signed and recorded against the subject property. 4.5.1.2 A Site Development Plan shall be approved for the Phase 1 Affordable Multifamily Units. City hereby agrees to priority process the Site Development Plan for the Phase 1 Affordable Multifamily Units. - 4.5.2 Building permits shall not be issued for more than 225 of the market rate units included in Phase 1 of the Master Development prior to the Phase 1 Affordable lMultifamily Units in Village B being under construction. For purposes of this Agreement, “under construction” means approval and issuance of the building permits and completion of inspection(s) for the foundation(s) for the initial phase of the Phase I Affordable Multifamily Units. The 225 building permits for market rate units included in Phase 1 of the Master Development may be allocated among the villages in Phase 1 of the Master Development in aW combination as Developer determines in its sole discretion. 4.5.3 Building permits shall not be issued for more than 500 total of the market rate units included in Phase I of the blaster Development prior to 01/06/96 3 completion of the construction of the Phase I Affordable Multifamily Units in ViIlnge B. After fina inspection is complete by the Building Department and a tinal Certificate of Occupancy is issued, for the Phase 1 Affordable Multifamilv Units, building permits may be obtained for the remaining 159 market rate uni& in Phase 1 of the Master Development. . . 4.6 Compliance Reuort. Following completion of construction of the Phase 1 Affordable Multifamily Units, a Complitice Report meeting the requirements of CMC Section 2 I .SS. 1 SO, verifying compliance of the completed Phase 1 Affordable Multifamily Units with the terms of this Agreement and certified as correct by a third-party, shall be submitted annually to the Housing and Redevelopment Director. If similar reports on the Phase 1 Affordable Multifamily Units are required for regulatory compliance with other financing programs, those reports may be deemed satisfactory for the purpose of this section by the Housing and Redevelopment Director, with respect to the Phase 1 Affordable Multifamily Units covered by such reports, provided that copies of those reports are provided on an annual basis to the Housing and Redevelopment Director with a third party certification addressed to the City. 4.7 Citv Autxoval of Documents. The folIowing documents, in form and substance acceptable to the City, shall be used in connection with the rental of the Phase 1 Affordable Multifamily Units. Such documents shall be prepared by the Developer or its sticcessor and shall be submitted. to the Housing and Redevelopment Director for review and approval no later than the commencement of construction of the Phase 1 Affordable Multifamily Units: 4.7.1 A marketing plan establishing the process for seeking, selecting and determining the eligibility of tenants of the Phase 1 Affordable Multifamily Units. 4.7.2 A form of Rental Agreement. 4.7.3 A property management plan. 4.7.4 A form of regulatory agreement between the Developer or its successor and the City (“Regulatory Agreement”). 5. Release of Sub&t Prouertv From Agreement. The covenants and conditions herein contained shall appIy to and bind the heirs, executors, administrators, successors, transferees and assignees of all the parties having or acquiring any right, title or interest in or to any part of the Subject Property, and shall run with and burden the Subject Property until terminated in accordance with the provisions hereof. Prior to the issuance of building permits, Developer shall expressly make the conditions and covenants contained in this Agreement a part of any deed or other instrument conveying any interest in the Subject Property. Notwithstanding anything to the contrary set forth in this Agreement, individual purchasers of single-family units pursuant to an approved public report in compliance with the California Subdivided Lands Act, and mortgage lenders holding deeds of trust on such individual units after sale to such purchasers, shall not be subject to the terms of this Agreement: and the tens of this Agreement sl~;l[l be of no further force or effect with respect to such completed unit on the date of the recordation of a deed to the individual purchaser. Upon allocation by the Developer of the building permits for the first 225 market rate units among the villages in Phase I of the Master Development, in any combination as Developer determines in its sole discretion, then those 22 j market rate units shall be released from the burdens of this Agreement. Upon allocation by the Developer of the building permits for the 226’h through 500”’ market rate units among the villages in Phase 1 of the Master Development, in any combination as Developer determines in its sole discretion, and after the Phase 1 Affordable Multifamily Units in Village B are under construction, then the 226’h through 500”’ market rate units shall be releassed from the burdens of this Agreement. After final inspection is complete, or a tinal Certificate of Occupancy is issued, for the Phase 1 Affordable Multifamily Units, then the remaining 159 market rate units in Phase l of the Master Development shall be released from the burdens of this Agreement. 6. Default. Failure of Developer to cure any default in Developer’s obligations under the terms of this Agreement within ninety (90) days after the delivery of a notice of default from the City (or where the default is of a nature which cannot be cured within such ninety (90) day period, the failure of Developer to commence to cure such default within the ninety (90) day period or Developer’s failure to proceed diligently to complete the cure of such a default within a reasonable time period) will constitute a breach of this Agreement and the requirements of Carlsbad Municipal Code Chapter 21.85 and the City may exercise any and all remedies available to it with respect to DeveIoper’s failure to satisfy the Conditions of Approval and Chapter 21.85 of the Carisbad Municipal Code, including, but not limited to, the withholding of building permits for the market rate units within the Ivfaster Plan. 7. ADDOintmeI'It of Other Agencies. At its sole discretion, the City may designate, appoint or contract with any other public agency, for-profit or non-profit organintion to perform the City’s obligations under this Agreement. . 5. Hold Harmless. Developer will indemnify and hoId harmless (without limit as to amount) City and its elected officials, officers, employees and agents in their official capacity (hereinafter collectiveiy referred to as “Indemnitees”), and any of them, from and against all loss, . all risk of loss and all damage (including expense) sustained or incurred because of or by reason of any and all claims, demands, suits, actions, judgments and executions for damages of any and every kind and by whomever and whenever made or obtained, allegedly caused by, arising out of or relating in any manner to Developer’s actions or defaults pursuant to this Agreement, and shall protect and defend Indemnitees, and any of them, with respect thereto. 9. Insurance Reauirements. Developer (or its successor or successors) shall obtain, at its (or their) expense, comprehensive general liability insurance for development of the Phase 1 Affordable Multifamily Units naming Indemnitees as additional named insureds with aggregate limits of not less than Five Million Dollars ($5,000,000) for bodily injury, and death and property damage, including coverage for contract liability and products and completed operations purchased by Developer (or its successor or successors) from an insurance company duly licensed to engage in the business of issuing such insurance in the State, with a current Best’s 0 l/06/98 5 key Rating of not Iess than A-V, such insurance to be evidenced by an endorsement which so provides and delivered to the City Clerk prior to the issuance of any buiIding permit for the Phase 1 Affordable Multifamily Units 10. Notices. All notices required pursuant to this AgreGment shall be in writing and may be given by persond delivery or by registered or certified mail, return receipt requested, to the party to receive such notice at the addresses set forth below: To the City of Carlsbad: To the Developer: CITY OF CARLSBAD Housing and Redevelopment Department Attn: Housing and Redevelopment Director 2965 Roosevelt Street, Suite B Carlsbad, California 92008-2339 CONTINENTAL RANCH, INC. Attn: Dave Lother 12636 High Bluff Drive, Suite 300 San Diego, California 92 130 Any party may change its address to which notices are to be sent by notifying the other party of the new address, in the manner set for& above. 11. Integrated Agreement. This Agreement constitutes the entire agreement behveen the parties and no modification hereof shall be binding unless reduced to writing and signed by the parties hketo. 12. Duration of Agreement. This Agreement shall remain in effect for 55 years following the date certificates of occupancy have been issued for all Affordable Units. 13. Recording of Agreement. The parties hereto shall cause this Agreement to be recorded against the Subject Property in the Official Records of the County of San Diego. . 14. Severability. In the event any limitation, condition, restriction, covenant or provision contained in this Agreement is to be held invalid, void or unenforceable by any court of competent jurisdiction, the remaining portions of this Agreement shall nevertheless be and remain in full force and effect. 01/06/96 * , ; .. i IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the day and year first above written. CITY: CITY OF CARLSBAD, a municipal corporation -7 MARTIN ORENYAK Community Development Director Approved as to form: RONALD R. BALL, City Attorney DEVELOPER: Delaware corporation CONTINENTAL RANCH, INC., a By: Its: By: Its: 01106/96 7 ATTACHMENT “A” (Subject Property) . . . H:\...\C~I~maa\Ra~~Car~lo\~aaalAHA.~l 12131197 ATTACHMENT “B” (Schedule and Sizes of Affordable Multifamily Units) H:\...\ConrHomar\Ra~hoCa~~lo~~aaolAHA.vOl 12/31/97 PROOF OF PUBLIC , ION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. 1 am the principal clerk of the printer of North County Times formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudged newspapers of general circulation by the Superior Court of the County of San Diego, State of California, under the dates of June 30, 1989 (Blade-Citizen) and June 21, 1974 (Times- Advocate) case number 171349 (Blade-Citizen) and case number 172171 (The Times-Advocate) for the cities of Escondido, Oceanside, Carlsbad, Solana Beach and the North County Judicial District; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: FIB. 21, 1998 I certify (or declare) under penalty of perjury that the foregoing is true and correct. San Marcos Dated at California, this ~3rd day of Feb. 1998 +@!f ------- - -----mm --- ---- Signature NORTH COUNTY TIMES Legal Advertising I nts space 1s ,r me wunry c/lerK s rwng Stamp Proof of Publication of Public Heairrq ______________--- _------- ____-------------- -‘I’ .-1 NOTICE OF PUBL SDP 97-15 - RANCH0 CARR Ic H~RINQ ILL0 FAMILY HOUSINQ NOTICE IS HEREBY GIVEN that the City Council of the Cii of Cadsbad will hold a public hearing at the City Council Chambers, 1200 Cahbad Village Drive Carlsbad California, at 6:00 P.M., on Tuesday, March 3, 1998. to consider an application for a’siie Development Plan for construction of a total of 116 affordable apartment units (12 one, 48 two, and 56 three bedroom units), and for a standards modification to allow carports wtihin the 50’ setback from Palomar Airport Road, on property generally located at the southeast comer of Melrose Drive and Palomar Airport Road, and more particularly described as: All that portion of Section 13, Township 12 South, Range 4 West, San Bernardino Meridian, and all that Portion of Setios 18 and 19 of Township 12 South, Range 3 West, San Bernardino Meridian, in the Chy of Cadsbad, County of San Diego, State of California. If you have any questions regarding this matter, please call Bnan Hunter, in the Planning Department, at (760) 4381161, ext. 4457. If you challenge the Site Development Plan in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this notice. or in written correspondence delivered to the City of Cansbad City Clerk’s Dfke at, or prior to, the public hearing. APPLICANT Carlsbad Family Housing Partnership CARLSEAD CITY COUNCIL Legal 57798 February 21,1998 CARRIUO FAMILY HOUSING SDP 97-15 / NOTICE OF PUBLIC HEARING SDP 97-15 - RANCH0 CARRILLO FAMILY HOUSING NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive Carlsbad, California, at 6:00 P.M., on Tuesday, March 3, 1998, to consider an application for a Site Development Plan for construction of a total of 116 affordable apartment units (12 one, 48 two, and 56 three bedroom units), and for a standards modification to allow carports within the 50' setback from Palomar Airport Road, on property generally located at the southeast corner of Melrose Drive and Palomar Airport Road, and more particularly described as: All that portion of Section 13, Township 12 South, Range 4 West, San Bernardino Meridian, and all that Portion of Section 18 and 19 of Township 12 South, Range 3 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California. If you have any questions regarding this matter, please call Brian Hunter, in the Planning Department, at (760) 438-1161, ext. 4457. If you challenge the Site Development Plan in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad City Clerk's Office at, or prior to, the public hearing. APPLICANT: Carlsbad Family Housing Partnership PUBLISH: February 21, 1998 CARLSBAD CITY COUNCIL I t- CARRILLO FAMILY HOUSING SDP 97-15 CARLSBAD UNIF SCHOOL DIST SAN MARCOS SCHOOL DIST ENCINITAS UNION SCHOOL DIST 801 PINE AVE 1 CIVIC CENTER DR 101 SO SANTA FE RD CARLSBAD CA 92008 SAN MARCOS CA 92069 ENCINITAS CA 92024 SAN DIEGUITO SCHOOL DIST LEUCADIA WATER DIST OLIVENHAIN WATER DIST 701 ENCINITAS BLVD 1960 LA COSTA AVE 1966 OLIVENHAIN RD ENCINITAS CA 92024 CARLSBAD CA 92009 ENCINITAS CA 92024 VALLECITOS WATER DIST SD COUNTY PLANNING ENCINITAS 788 SAN MARCOS BLVD SUITE B 505 S VULCAN AVE SAN MARCOS CA 92069 5201 RUFFIN RD ENCINITAS CA 92024 SAN DIEGO CA 92123 CITY OF SAN MARCOS CITY OF OCEANSIDE 1 CIVIC CENTER DR 300 NORTH COAST HWY SAN MARCOS CA 92069-2949 OCEANSIDE CA 92054 CITY OF VISTA PO BOX 1988 VISTA CA 92085 CALIF DEPT OF FISH & GAME REGIONAL WATER QUALITY SANDAG SUITE 50 SUITE B SUITE 800 330 GOLDENSHORE 9771 CLAIREMONT MESA BLVD 400 B STREET LONG BEACH CA 90802 SAN DIEGO CA 92124-1331 SAN DIEGO CA 92101 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 AIR POLLUTION CNTRL DIST 9150 CHESAPEAKE DR SAN DIEGO CA 92123 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 U.S. FISH & WILDLIFE 2730 LOKER AVE WEST CARLSBAD CA 92008 (ABOVE ADDRESS - For City Council Notices Only) CITY OF CARLSBAD ENGINEERING DEPT CITY OF CARLSBAD COMMUNITY SERVICES CITY OF CARLSBAD MUNICIPAL WATER DISTRICT PROJECT PLANNER BRIAN HUNTER w 97-/s- LUN CONTRACTION CORP P 0 BOX 80036 SAN DIEGO CA 92138 CONTINENTAL RANCH INC 12636 HIGH BLUFF DR SUITE 300 SAN DIEGO CA 92130 GENTRY WIMPY INC 9171 TOWNE CENTRE DR SUITE 355 SAN DIEGO CA 92122 BRESSI LENNAR RANCH VENTURE LL 23333 AVENIDA LA CAZA COT0 DE CAZA CA 92679 GENTRY WIMPY INC 9754 WHITHORN DR HOUSTON TX 77095 CARRILLO RANCH0 PARTNERSHIP 591 CAMINO DE LA REINA SUITE 616 SAN DIEGO CA 92108 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, February 4, 1998, to consider a site development plan on property generally located at the southeast corner of Melrose Drive and Palomar Airport Road and more particularly described as: All that portion of Section 13, Township 12 South, Range 4 West, San Bernardino Meridian, and all that Portion of Section 18 and 19 of Township 12 South, Range 3 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after January 29, 1998. If you have any questions, please call Brian Hunter in the Planning Department at (760) 438-l 161, extension 4457. The time within which you may judicially challenge this site development plan, if approved, is established by state law and/or city ordinance, and is very short. If you challenge the site development plan in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: SDP 97-15 CASE NAME: RANCH0 CARRILLO FAMILY HOUSING PUBLISH: JANUARY 24, 1998 CITY OF CARLSBAD PLANNING DEPARTMENT 2075 Las Palmas Dr. l Carlsbad, CA 92009-l 576 - (760) 438-11610 FAX (760) 438-0894 a? d \ TO: CITY CLERK’S OFFICE FROH: PLANNING DEPARTMENT (Form A) . . RE: PUBLIC HEARING REQUEST Attached are the materials necessary for you to notice SDP 97-15 - Ran&o Carrillo Family Housing for a public hearing before the City Council. Please notice the item for the council meeting of . Thank you. February 12, 1998 Date - SUN CONTRACTION CORP P 0 BOX 80036 SAN DIEGO CA 92138 CONTINENTAL RANCH INC 12636 HIGH BLUFF DR SUITE 300 SAN DIEGO CA 92130 GENTRY WIMPY INC 9171 TOWNE CENTRE DR SUITE 355 SAN DIEGO CA 92122 BRESSI LENNAR RANCH VENTURE LL 23333 AVENIDA LA CAZA COT0 DE CAZA CA 92679 GENTRY WIMPY INC 9754 WHITHORN DR HOUSTON TX 77095 CARRILLO RANCH0 PARTNERSHIP 591 CAMINO DE LA REINA SUITE 616 SAN DIEGO CA 92108 - CARLSBAD UNIF SCHOOL DIST SAN MARCOS SCHOOL DIST 801 PINE AVE 1 CIVIC CENTER DR CARLSBAD CA 92008 SAN MARCOS CA 92069 SAN DIEGUITO SCHOOL DIST LEUCADIA WATER DIST 701 ENCINITAS BLVD 1960 LA COSTA AVE ENCINITAS CA 92024 CARLSBAD CA 92009 VALLECITOS WATER DIST 788 SAN MARCOS BLVD SAN MARCOS CA 92069 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CALIF DEPT OF FISH & GAME SUITE 50 330 GOLDENSHORE LONG BEACH CA 90802 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 U.S. FISH & WILDLIFE 2730 LOKER AVE WEST CARLSBAD CA 92008 CITY OF CARLSBAD ENGINEERING DEPT ENCINITAS UNION SCHOOL DIST 101 SO SANTA FE RD ENCINITAS CA 92024 OLIVENHAIN WATER DIST 1966 OLIVENHAIN RD ENCINITAS CA 92024 SD COUNTY PLANNING ENCINITAS SUITE B 505 S VULCAN AVE 5201 RUFFIN RD ENCINITAS CA 92024 SAN DIEGO CA 92123 CITY OF OCEANSIDE CITY OF VISTA 300 NORTH COAST HWY PO BOX 1988 OCEANSIDE CA 92054 VISTA CA 92085 REGIONAL WATER QUALITY SANDAG SUITE B SUITE 800 9771 CLAIREMONT MESA BLVD 400 B STREET SAN DIEGO CA 92124-l 331 SAN DIEGO CA 92101 AIR POLLUTION CNTRL DIST 9150 CHESAPEAKE DR SAN DIEGO CA 92123 CITY OF CARLSBAD COMMUNITY SERVICES I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 (ABOVE ADDRESS - For City Council Notices Only) CITY OF CARLSBAD MUNICIPAL WATER DISTRICT PROJECT PLANNER BRIAN HUNTER