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HomeMy WebLinkAbout2004-03-02; City Council; 17524; Affordable Housing: Northpark at La Costa Sub-Div.CITY OF CARLSBAD -AGENDA BILL AB# 17,524 TITLE: APPROVAL OF AN AFFORDABLE HOUSING AGREEMENT TO ALLOW A HOUSING ALTERNATIVE TO MTG. 3/2/04 SATISFY THE INCLUSIONARY HOUSING REQUIREMENT DEPT.HD.~ w CITY ATTY. DEPT. HlRED RECOMMENDED ACTION: FOR THE NORTHPARK AT LA COSTA SUBDIVISION CITY MGR. ADOPT Council Resolution No. 2004-065 APPROVING an Affordable Housing Agreement with Hall Land Company, Inc., to allow a housing alternative to satisfy the lnclusionary Housing requirement for the Northpark at La Costa subdivision. ITEM EXPLANATION: The Northpark at La Costa project is located on the north side of Lavante Road, between La Costa Avenue and Centella Street. The project allows for the subdivision of an approximately 1.55 acre parcel of land, resulting in 12 single family homes. Per the City’s lnclusionary Housing Ordinance, the project has a requirement to provide two affordable housing units. When the project was approved, the Planning Commission recommended approval of two options for satisfying the inclusionary housing requirement. The developer could request City Council approval to 1) develop two second dwelling units within the market rate development or, 2) purchase two affordable housing credits in the off-site combined project known as Villa Loma Apartments. The developer is seeking City Council approval to construct two second dwelling units, which is considered to be a housing alternative under the City’s lnclusionary Housing Ordinance. The lnclusionary Housing Ordinance allows the Council to approve a housing alternative when that alternative supports specific housing policies and goals. Alternatives include, but are not limited to, acquisition and rehabilitation of affordable units, conversion of existing market units to affordable units, construction of special needs housing projects or programs (shelters, transitional housing, etc.), and the construction of second dwelling units. Approval of the housing alternative shall be based on findings that new construction would be infeasible or present unreasonable hardship in light of such factors as project size, site constraints, market competition, price and product type disparity, developer capability, and financial subsidies . available. Due to the small size of the market rate development (12 single family homes) and the very substantial financial subsidy that would be required to make the market rate units affordable, the developer has indicated that it would present an unreasonable hardship upon the Northpark at La Costa development to require that two of the single family homes be made affordable to low income households. Therefore, the developer is proposing to construct two second dwelling units within the approved residential development to satisfy the inclusionary housing requirements. While the proposed second dwelling units will be newly constructed units and will be located within the market rate development as required, they are considered to be a housing alternative, as defined by Section 21.85.070 of the lnclusionary Housing Ordinance. Therefore, the alternative requires City Council approval. Staff Recommendation The developer’s justification for constructing a housing alternative to satisfy the inclusionary requirements has been reviewed by Housing and Redevelopment Department staff. Staff concurs with the developer that the small size of the new market rate development (12 single family homes) and the substantial subsidy required to make two single family homes affordable I to low income households within the proposed development would be financially difficult and present an unreasonable hardship. Therefore, staff recommends that the City Council approve the proposed affordable housing agreement to allow two second dwelling units within the market rate development as an alternative to satisfy the inclusionary housing requirement for the Northpark at La Costa subdivision. Affordable Housing Aqreement Prior to the issuance of a final map or issuance of any building permits for the project, the developer is required to enter into an Affordable Housing Agreement with the City that binds the developer to the specifics of the affordable housing project. The Agreement will require the second dwelling units be rented at an amount which is affordable to a low income household earning 70% or less of the San Diego County Area Median Income (AMI), and the tenant‘s income does not exceed 80% of AMI. It is requested that the Affordable Housing Agreement, attached as Exhibit 3, be approved by the Council in substantially the form presented and subject to final approval by the City Attorney. ENVIRONMENTAL REVIEW The Planning Director has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act. No further environmental review is required as part of the approval of the subject alternative to satisfy the City’s lnclusionary Housing Ordinance. FISCAL IMPACT The Developer has made no request for financial assistance for this project. Therefore, there will be no fiscal impact to the City. EXHIBITS 1. City Council Resolution No. 2004 - 065 , to approve an affordable housing agreement to allow the Northpark at La Costa Subdivision to utilize the housing alternative of second dwelling units to satisfy the City’s lnclusionary Housing requirements. 2. Developer request to construct housing alternative on-site to satisfy inclusionary housing requirements. 3. Affordable Housing Agreement. 4. Vicinity Map DEPARTMENT CONTACT: Craig Ruiz, (760) 434-281 7, cruiz@ci.carlsbad.ca.us 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 CITY COUNCIL RESOLUTION NO. 2004- 065 THAT THE CITY COUNCIL APPROVE AN AFFORDABLE HOUSING AGREEMENT WITH HALL LAND COMPANY, INC., TO ALLOW A HOUSING ALTERNATIVE THROUGH THE CONSTRUCTION OF TWO SECOND DWELLING UNITS TO SATISFY THE INCLUSIONARY HOUSING REQUIREMENT FOR THE NORTHPARK AT LA COSTA SUBDIVISION. APPLICANT: NORTHPARK AT LA COSTA SUBDIVISION CASE NUMBER: CT02-25 WHEREAS, on June 18,2003, the Planning Commission approved the Northpark at La Costa subdivision to allow for the development of 12 single family homes on property located on the north side of Lavante Road, between La Costa Avenue and Centella Street, and which includes a requirement to provide two housing units affordable to low income households per the City of Carlsbad’s Inclusionary Housing Ordinance; and WHEREAS, the developer of the Northpark at La Costa subdivision has proposed to meet the project’s Inclusionary Housing Ordinance requirement with an alternative housing solution which would result in the developer providing two second dwelling units within the market rate development which will be affordable to low income households; and WHEREAS, the Inclusionary Housing Ordinance allows, at the discretion of the City Council, a housing alternative when the proposed alternative supports specific housing policies and goals and a determination is made that the new construction would be infeasible or present unreasonable hardship; and WHEREAS, based upon the City Council’s determination that it would be financially infeasible and would represent an unreasonable hardship upon the subject developer to make two of the single family homes within the subject development affordable to low income households and the proposed alternative to satisfy the inclusionary requirement through the construction of two second dwelling units on the site of the market rate development does meet the goals of the Inclusionary Housing Ordinance and the City’s Housing Element; and 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 CC Resolution No. 2004-065 Page 2 WHEREAS, the City Council did hold a public meeting to consider the developer’s request to approve an affordable housing agreement to allow two second dwelling units to satisfy the inclusionary housing requirement for the Northpark at La Costa subdivision located on the north side of Lavante Road, between La Costa Avenue and Centella Street; and WHEREAS, upon hearing and considering all testimony, if any, of all persons desiring to be heard, said City Council considered all factors relating to the proposed inclusionary housing alternative. NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Carlsbad, California, does hereby find as follows: 1. The above recitations are true and correct. 2. The developer’s proposal to provide two second dwelling units affordable to low income households on the site of the market rate development as an alternative to constructing two single family homes and making them affordable to low income households to satisfy the inclusionary housing requirement for the Northpark at La Costa subdivision is consistent with the goals and objectives, and serves the priorities of, the City of Carlsbad’s Housing Element, Consolidated Plan, the Inclusionary Housing Ordinance, and the Carlsbad General Plan. 3. As required by Section 21.85.070 of the Carlsbad Municipal Code, the City Council hereby finds that the requirement to construct two single family homes and make them affordable to low income households within the Northpark at La Costa market rate development would be financially infeasible and would present an unreasonable hardship on the developer due to the development’s small project size of 12 units and the substantial subsidy required to make those units affordable to a low income household. 4. That based on the information provided within the City Council staff report and testimony presented during the public meeting of the City Council, the City Council hereby approves an Affordable Housing Agreement, in substantially the form presented and subject to final approval by the City Attorney, to allow two second dwelling units on the site of the market rate development as an acceptable housing alternative to providing two single family homes affordable to low income households to satisfy the Inclusionary Housing requirement for the Northpark at La Costa subdivision. 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 CC Resolution No. 2004-065 Page 3 5. That the Community Development Director or his or her designee is authorized by the City Council to execute all documents related to approval of the subject alternative inclusionary housing proposal, including but not limited to an Affordable Housing Agreement in substantially the form presented to the City Council and subject to final approval by the City Attorney. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 2nd day of March % 2004, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard NOES: None ABSENT: None ABSTAIN: None ATTEST: CC Resolution No. 2004-065 Page 3 (SEAL) I0675 SORRENTO VALLEY ROAD, SUITE 200B SAN DIEGO, CALIFORNIA 92121 (858) 558-33 10 /FAX: (858) 558-3312 February 6,2004 Craig D. Ruiz, Management Analyst City of Carlsbad Housing & Redevelopment 2965 Roosevelt Street, Suite B Carlsbad, CA 92008-2389 Re: Northpark at La Costa; Affordable Housing Agreement Dear Mr. Ruiz, Paragraph #I 2 of Planning Commission Resolution 5422, which was adopted in conjunction with the approval of Tentative Map CT 02-25 provides for the construction of two rent restricted second dwelling units for the purpose of satisfying the Carlsbad affordable housing requirements. executed and forwarded to your office an agreement for the designation of Lots 8 and 12 as these dwelling units. Hallmark has now This is a 12-unit single family project. It would take a substantial financial subsidy to make two of these units affordable to low income households. This method of satisfying the requirements was chosen because of the financial unfeasibility of the alternative. Thank you for your inquiry respecting this provision. Please contact me further if you have further comments. n Thank you, Bruce Douthit Project Manager EXHIBIT 3 Recording Reauested by: City of Carlsbad When Recorded Mail to: City of Carlsbad City Clerk’s Office Attn: Cityclerk 1200 Carlsbad Village Drive Carlsbad, California 92008 (Space above fir Recorder’s Use) AFFORDABLE HOUSING AGREEMENT THIS AFFORDABLE HOUSING AGREEMENT (“Agreement”) is entered into this day of (hereinafter referred to as the “City”), and Hall Land Company, Inc., a California Corporation, (hereinafter referred to as the “Developer”), is made with reference to the following: ,2004 by and between the CITY OF CARLSBAD, a municipal corporation RECITALS A. Developer is the owner of certain real property in the City of Carlsbad, County of San Diego, State of California, described in “Attachment A”, which is attached hereto and incorporated herein by this reference, and which is the subject of a Tentative Map CT 02-25, which provides conditional approval of the construction of twelve (12) single family dwelling units (“Project”). B. Condition No. 12 of Planning Commission Resolution No. 5422, states that this Affordable Housing Agreement shall be entered into between the City and the Developer as a means of satisfying the Developers’ affordable housing obligation (“Affordable Housing Obligation”), as such is defined under Chapter 21.85 of the Carlsbad Municipal Code. Planning Commission Resolution No. 5422 provides that the Affordable Housing Obligation will be satisfied by applying the requirements set forth in this Agreement for two (2) affordable housing lots (“Affordable Housing Lots”). The Affordable Housing Lots which are subject to this Agreement are: Lots 8 and 12 of Carlsbad Tract No. CT 02-25 in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. filed with the County Recorder of San Diego County on C. Developer intends to construct the required inclusionary units concurrent with the project’s market units that are also identified on Exhibit “A”. The Affordable Housing Lots shall be subject to this Agreement and this Agreement shall be recorded on each Affordable Housing Lot. NOW, THEREFORE, incorporating the foregoing Recitals and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. The Recitals Are True And Correct. 2. SATISFACTION OF AFFORDABLE HOUSING REOUIREMENTS THROUGH CONSTRUCTION OF SECOND DWELLING UNITS. Performance under this Agreement satisfies the Developers’ obligation for affordable housing under Chapter 2 1.85 of the Carlsbad Municipal Code as applied to the land covered by Tentative Map CT 02-25, including Condition No. 12 listed in Planning Commission Resolution No. 5422, and any other applicable condition of approval. 7 1 1/30/03 3. SECOND DWELLING UNITS. (a) Construction of Second Dwelling Units. Developer shall at the time a residential structure is constructed on the Affordable Housing Lot, include in such residential structure a Second Dwelling Unit as defined under and subject to the requirements contained in Municipal Code Section 21.10.015. (b) Restriction on Rental of Second Dwelling Unit. The maximum monthly rent for any Second Dwelling Unit, subject to this Agreement, which becomes rented or leased shall not exceed an amount of 1/12th of thirty percent (30%) of the gross monthly income of a low-income household, adjusted for household size, at seventy percent (70%) of the San Diego County median income, as such median income is published by the United States Department of Housing and Urban Development from time to time. For purposes of this Agreement, “Rent” shall include a utility allowance as established and adopted by the City of Carlsbad Housing Authority, as well as all required monthly payments made by the tenant to the lessor in connection with use and occupancy of a housing unit and land and facilities associated therewith, including any separately charged fees, utility charges, or service charges assessed by the lessor and payable by the tenant (but not including fees and charges resulting from any default by the tenant or damage caused by the tenant, or fees or charges paid by the tenant to third party utilities or other providers). A sample schedule showing the calculation of the maximum rental amount as for 2004 is attached to this Agreement as Attachment “B”. (c) Restriction on Tenant Income. The Affordable Units shall be available to households with incomes not exceeding 80% of the median income for San Diego County, adjusted for actual household size. (d) Declaration. Developer shall require the purchaser from Developer of an Affordable Housing Lot upon which a Second Dwelling Unit has been constructed to sign an affidavit or declaration under penalty of perjury, in a form prescribed by the City Planning Director, which states that if the Second Dwelling Unit on the affordable housing lot is rented that it shall be rented at a monthly rental rate not to exceed the rate set forth in paragraph 3(b) and to a household whose income which does not exceed that amount set forth in paragraph 3(c). Developer shall forward the original declaration to the City Planning Director for maintenance in the City’s files, and retain a copy for its own files in the event proof becomes necessary. (e) Deed Restriction. Prior to the sale of an affected lot, the Developer shall provide proof to the City Planning Director that the language contained in Exhibit “C” has been included in each deed prior to the sale of an affected property and will run with the land so as to restrict subsequent transfers. 4. REMEDIES Failure by the Developer to perform in accordance with this Agreement will constitute failure to satisfy the requirements of Chapter 21.85 of the Carlsbad Municipal Code and Condition No. 12 of Planning Commission Resolution No. 5422. Such failure will allow the City to exercise any and all remedies available to it including but not limited to withholding the issuance of building permits for the lots shown on Carlsbad Tract No. CT 02-25. 5. HOLD HARMLESS Developer will indemnity 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, obtained, allegedly caused by, arising out of or retaining in any manner to Developers’ actions or defaults 2 1 13 0103 s thereto. Developer’s shall obtain, at its expense, comprehensive general liability insurance for development of the Project naming Indemnities as additional insureds with aggregate limits of not less than one million dollars ($1,000,000) purchased by Developer from an insurance company duly licensed to engage in the business of issuing such insurance in the State of California, 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 Project. 6. 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 to the party to receive such notice at the address set forth below: TO THE CITY: City of Carlsbad Housing and Redevelopment Department Attn: Housing & Redevelopment Director 2965 Roosevelt Street, Suite B Carlsbad, California 92008-2389 TO THE DEVELOPERS: Hall Land Company, Inc. Michael J. Hall, President 10675 Sorrento Valley Road, #200B San Diego, CA 92121 Any party may change the address to which notices are to be sent by notifjmg the other parties of the new address, in the manner set forth above. 7. ENTIRE 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. 8. DURATION OF AGREEMENT This Agreement shall terminate and become null and void upon repeal, termination, or modification of any applicable ordinance which act would render the Affordable Housing Obligation unnecessary or unenforceable. The restriction set forth in Paragraph 3(b) above shall terminate as to the Affordable Housing Lot at such time as the Second Dwelling Unit on the Affordable Housing Lot has reached the end of its useful life, which is assumed to be not less than 55 years from the date of completion of original construction. 9. SUCCESSORS This Agreement shall benefit and bind Developers and any successive owners of Affordable Housing Lots. 3 1/30/03 10. SEVERABILITY In the event any provision contained in this Agreement is to be held invalid, void or unenforceable by any court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless, be and remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the day and year first above w-ritten. DEVELOPERS CITY City of Carlsbad, a Municipal corporation By: By: Name Micha4 JI #all Title President Community Development Director Sandra L. Holder If required by City, proper notarial acknowledgment of execution by contractor must be attached. Corporation, Agreement must be signed by one corporate officer fiom each of the following two groups. *Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation corporate seal empowering the officer(s) signing to bind the corporation. attach a resolution certified by the secretary or assistant secretary under APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: Jane Mobaldi, Assistant City Attorney 4 ACKNOWLEDGEMENT State of California 1 County of San Diego On Januaty 28,2004 , before me, Lauri E. Walker I Notary Public, personally appeared personally known to me (H ) to be the person(!) whose name($) is/p subscribed to the within instrument and acknowledge to me that he/$te/tbey executed the same in his/m/tm authorized capacity(@), and that by his/tyir/tMr signature@) on the instrument the person(@, or the entity upon behalf of which the person($) acted, executed the instrument. Michael J. Hall WITNESS my hand and official seal. t 11 P Signature of Notary Public ATTACHMENT A LEGAL DESCRIPTION OF SUBJECT PROPERTY 5 /2 1/30/03 ATTACHMENT B MAXIMUM MONTHLY RENTAL AMOUNT 6 ATTACHMENT C DEED RESTRICTION A Second Dwelling Unit has been constructed as part of this property, and shall be maintained and utilized in accordance with the requirements of Carlsbad Municipal Code Section 21.10.015 for the usefid life of the main structure (estimated to be 55 years). The maximum monthly rent for the Second Dwelling Unit, if rented or leased, shall not exceed an amount equal to thirty percent (30%) of the gross monthly income of a low-income household, adjusted for household size, at seventy percent (70%) of the San Diego County median income as such median income is published by the United States Department of Housing and Urban Development from time to time. Prior to subsequent transfers of the property, seller shall require the purchaser to submit a signed affidavit or declaration under penalty of perjury on a form satisfactory to the City Planning Director, to the Planning Department, which acknowledges that the purchaser has read and understand the restrictions as they relate to the Second Dwelling Unit. The Affordable Units shall be available to households with incomes not exceeding 80% of the median income for San Diego County, adjusted for actual household size. 7 1 I3 OlO3 14 CORPORATE RESOLUTION AUTHORIZING THE SIGNATURE OF MAPS & DOCUMENTS FOR THE SUBDIVISION & DEVELOPMENT OF LAND AND THE CONSTRUCTION & SALE OF HOMES IN THE CITY OF CARLSBAD, CALIFORNIA RESOLVED: That Michael J. Hall, the President of Hall Land Company, Inc., a California Corporation, is hereby authorized and empowered for and on behalf of and in the name of this corporation to do all acts and to execute all maps and documents that are necessary in the ordinary course of business in the subdivision and development of land and the construction and sale of homes, and that the signature of Michael J. Hall is the one and only signature needed to perform such acts. I, Michael J. Hall, President of Hall Land Company, Inc. a corporation created and existing under the laws of the State of California, do hereby certify and declare that the foregoing is a full, true and correct copy of a resolution duly passed and adopted by the Board of Directors of said corporation at a meeting of said Board duly and regularly called, noticed and held, at the office of said corporation on the 16th day of January, 2004, at which meeting a quorum of the Board of Directors was present and voted in favor of said resolution; and that said resolution is now in full force and effect. I further certify that the office referred to in the foregoing resolution is now held by the following, whose signature appears after their respective name. Exhibit 4 Vicinity Map North Point at La Costa