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HomeMy WebLinkAbout1986-01-21; City Council; 7568-1; AFFORDABLE HOUSING AGREEMENT| CT 83-23/CP-246| OAKTREE CONCEPTS+ C3 3 0 2 a. q 2 Q 5 zi a d 0 z 0 r, CIT~F CARLSBAD - AGEND~ILL 0 v DEP' MTG..+?l J-86 CT 83-23/CP-246 - OAKTREE CONCEPTS CITY AFFORDABLE HOUSING AGREEMENT AB# 7?~68-#1 TITLE: DEPT. PLN CITY RECOMMENDED ACTION: _1 Staff is recommending that the City Council APPROVE Resolutio m/ , APPROVING an apeenent imposing restrictions on L property between the City and Richard and Marcella Gilbert. ITEM DISCUSSION On December 14, 1983 the Planning Commission approved a 22 un tentative tract map and condominium permit at 1014 - 1016 Lag Drive. The project had a density of 23.9 du's/acre which exct the site's General Plan designation of 10-20 du's/acre. The applicant was processing this application under state law (Government Code Section 65915). This law requires that when applicant agrees to construck 25% of the units in a developmei persons or families of low or moderate income that the City SI either 1) grant a density bonus or 2) provide other incentivea: equal financial value. Since this project had less than 50 units and the Planning Commission's decision would be final unless appealed to the Cj Council, the Council discussed this request at their November 1983 meeting. At that time the Council voted to comply with 1 requirements of Government Code 65915 by accepting the applica offer to provide 25% of the units for persons or families of 1 moderate income. This project was subsequently approved at th December 14, 1983 Planning Commission meeting. One of the conditions of approval of this project required tha prior to final map approval the applicant enter into an agreerr, providing that four of the dwelling units constructed be reser that the attached agreement, Exhibit "X" reserving 4 units for rental to persons or families of low or moderate income fulfil this requirement and recommends that the Council approve the attached resolution authorizing the Mayor to execute said agreement. For further background information see t'ne attachec Staff Report dated December 14, 1983 and Planning Commission Resolution No. 2227. for persons or families of low or moderate income. Staff beli ENVIRONMENTAL REVIEW This project has undergone previous environmental review and a Notice of Prior Environmental Compliance was issued on October 1983 . I + I e 0 Page 2 of Agenda Bill No. TS/-&/ FISCAL IMPACT There will be no fiscal impact from the agreement. Some staf time (Housing Authority) will be utilized to monitor rents. EXHIBITS 1. City Council Resolution w/attached Exhibit "X" 2. Location Map 3. Planning Commission Resolution No. 2227 4. Staff Report dated December 14, 1985 r 0 CITY COUNCIL RESOLUTION NO. 8351 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT IMPOSING RESTRICTIONS ON REAL PROPERTY BETWEEN THE CITY OF CARLSBAD AND RICHARD AND MARCELLA GILBERT TO PROVIDE FOR LOW AND MODERATE INCOME HOUSING IN A 22 UNIT CONDOMINIUM PROJECT ON .92 ACRES OF PROPERTY GENERALLY LOCATED AT 1014-1016 LAGUNA DRIVE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. APPLICANT: OAKTREE CONCEPTS CASE NO: CT 83-23/CP-246 WHEREAS, the City of Carlsbad and Richard and Marc€ ilbert have reached an agreement regarding the provision of nd moderate income housing, NOW, THEREFORE, BE IT RESOLVED by the City Council ity of Carlsbad as follows: 1. That certain agreement between the City of Carl nd Richard and Marcella Gilbert entitled "Agreement Imposir estrictions on Real Property", a copy of which is attached arked Exhibit "X" and made a part hereof is hereby approvec 2. That the Mayor of the City of Carlsbad is here1 authorized and directed to execute said agreement for and 01 f the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting ( City Council of the City of Carlsbad, California, held on tl , 1986, by the following vott AYES: Council Members Casler, Lewis, Kulchin, Chick and P NOES: None ABSENT: None yLL;! 9. 22- MARY H. 'CASLER, Mayo .i 0 e EXHl 2ECORDING REQUESTED BY: 1 Assessors Parcel No.: 1 WHEN RECORDED MAIL TO: 1 1 City of Carlsbad 1 1200 Elm Avenue 1 Carlsbad, California 92008 1 Space above for recorde* AGREEMENT IMPOSING RESTRICTIONS ON REAL PROPERTY This agreement 'is made and entered into this ( of , 1985 by and between the City of Carlsbad California, a municipal corporation, hereinafter referred to a! "Carlsbad" and Richard T- Gilbert and Marcella D- Gilberk, husband and wife, hereinafter referred r to as "applicant .I1 RECITALS A. Applicant is the owner of certain real property located at Laguna Drive, in the City of Carlsbad, County of Sal Diego, State of California more particularly described in Exhibit "A", attached hereto and incorporated by this referencc B. The applicant applied to the Planning Commission ( the City of Carlsbad for approval of a 22 unit Tentative Tract Map and Condominium Permit, designated and hereinafter referrec to as CT 83-23/CP-246, on the property described in Exhibit "A' C. In CT 83-23/CP-246, the applicant requested appro' of a density of 23.9 dwelling units per acre, areater than the General Plan range, under the provisions of Government Code e e Section 65915 which states that if an applicant agrees to construct 25% of the units in a development for persons of low moderate income that he can be awarded a density bonus. D, Pursuant to the provisions of recital "C" above, for the mutual benefit of the applicant and Carlsbad, the Planning Commission of the City of Carlsbad, by its Resolution No. 2227 of December 14, 1983, conditioned the approval of CT 23/CP-246 on the execution of this agreement and established t four of the units to be constructed would be available at an affordable cost to persons or families of low or medium income The condition provided: "Prior to approval of the final map for this project applicants/subdividers shall enter into an agreement with the City establishing that four of the dwelling units constructed pursuant to this approval shall be available at an affordable cost only to persons or families of low or moderate income as defined in Sect 50093 of the Health and Safety Code. The units shall remain available at an affordable cost to such person: or families for a period of twenty years from the datc of initial occupancy of project. The agreement shall implemented by appropriate restrictions or servitudes imposed upon the land. The applicant and the homeown1 association shall be responsible for enforcing the provisions of the agreement. The City shall also havl the right but not the obligation to enforce the provisions of the agreement. The agreement and restrictions or servitudes shall be approved by the C Council prior to approval of the final map. If the City Council adopts a city wide policy for implementation of the provisions of Section 65915 et seq of the Government Code, the provisions of this condition shall be deemed satisfied if the applicant complies with that policy," E. Carlsbad desires to ensure the continued availability of twenty five percent of the dwelling units of ti project for persons or families of low or moderate income and -2- e e has determined that to ensure availability for the time period specified in this agreement, it is necessary that four of the units shall be rental units for the time period specified in t agreement, E. Without the execution of this agreement the City Council would be unwilling to grant approval of the final map this project. NOW, THEREFORE, in consideration of the recitals and Carlsbad's approval of the final map and of the benefit confer thereby upon the subject real property it is hereby agreed as follows: 1, Definitions - whenever the following words or phrases appear in this agreement they shall have the meaning established by this section. a. "Qualified Person or Family" or "Person or Family of LOW or Moderate Income" shall mean persons and families whose income does not exceed 80% of the area median income adjusted for family size pursuant to the provisions of Section 50093 of the State Health and Safety Code. Qualifications shall be verified by the Carlsbad Housing Authority. b. "Established Rent" shall mean the maximum monthly rent established for a restricted unit by the Director Building and Planning. Established rents may vary based on the income level, family size of the qualified person or family, an -3- e m upon the size of the restricted unit. Established rents shall affordable to qualified persons or families. c. "Restricted Unit" means a dwelling unit in th project which is occupied by or available for rent to a qualif person or family. d. "Area Median Income" means the median househo income for San Diego County or the equivalent geographic area annually established by the Federal Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937- In the event that such determinations by the Department of Housing and Urban Development are discontinut the area median income shall be that median household income established and published by the Department of Housing and Community Development of the State of California pursuant to Health and Safety Code Section 50093. 2, Restrictions on the Project a. That €or a period of twenty years front the dat of conveyance of any unit in the project four total dwelling units constructed shall be made available for rental to qualifi persons or families. Each restricted unit shall be rented at 2 established rent. Established rents shall be determined annual by the Carlsbad Director of Building and Planning. The applica may convey individual units in the project except that four Of the units shall not be individually conveyed until expiration c twenty years from the date of construction of the project. The units may be conveyed as a group to a person or persons or enti -4- 0 @ who specifically agree to hold the units for rental purposes during the term of this agreement. During the twenty year per the four units shall be restricted units as specified in Secti 2.b. of this agreement. Prior to the conveyance of the tenth unit in the project the applicant shall tentatively designate four restricted units. Prior to the conveyance of the eightec unit the applicant shall record an amendment to this agreement specifically describing the restricted units. A note outlinin the restrictions of this agreement shall be included on the fi map for the project and in the deeds of the unrestricted units b. The design and exterior appearance of the restricted units shall be compatible with the nonreserved unit within the development and shall contain on average the same o larger number of bedrooms per reserved unit as the nonreserved units. The restricted units shall be constructed either prior to or simultaneously with the nonreserved units with the development. If the development is being constructed in phase the percentage of reserved units to be constructed in each pha shall be equivalent to the percentage of the total number of nonreserved units being constructed in that phase. c. Applicant shall keep rental data for restrict1 units and qualified persons or families and shall submit annua: rental data for the restricted units and qualified persons or families occupying the units to the Carlsbad Director of Build: and Planning and the Housing Authority. At any time during tht -5- 0 @ term of this agreement the Director of Building and Planning 01 the Housing Authority may inspect or audit the applicant's boo1 for the project or the project itself to ensure performance of this agreement by applicant. 3. Carlsbad may assign all or any of its rights or obligations under this agreement to the Carlsbad Housing and Redevelopment Commission, but to no other public agency. 4. All notices required under this agreement shall bc sent by certified mail, return receipt requested to the following address: To Applicant: Richard T. and Marcella D. Gilbert To Carlsbad: Attn: Director of Building and Planning 1200 Elm Avenue Carlsbad, California 92008-1989 5. The covenants, conditions and obligations containe herein shall run with the land and shall apply to and bind the heirs, successors and assigns of all parties hereto. his agreement shall be recorded. 6. This agreement constitutes the entire aqreement between the parties and no modification shall be binding unless reduced to writing, signed by the parties hereto. 7. All questions pertaining to the validity and interpretation of this agreement shall be determined in accordance with the law of California applicable to contracts made and to be performed within the State. -6- 0 e 8. This aqreement shall remain in full force and effect for twenty years from the issuance of the certificate of occupancy for the project unless sooner cancelled by the City Councia after a noticed public hearing on the matter. 9. Applicant shall notify the Carlsbad Housing Authority of the availability of any restricted units. The Carlsbad Housing Authority may refer prospective tenants to applicant, Housing Authority. only to persons and families qualified by the Housing Authority The applicant may, but is not obligated to, participate in any housing program offered by the Housing Authority. All prospective tenants shall be qualified by the units The applicant shall rent restricted CITY OF CARLSBAD by : APPLICANT: /- v 7- i 4 n. (. L /k(-J-. by r/Z~l//by Richard T. -i Gilbert v by \ :/)h24~! 1 /b:7 &YhL i fore me, the undemgned, a Notary Public in and for -, in the year :, personally a ,ersanally knov !rson- whose dged to me tha pe=onally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) tS/are subscribed to the wlthln instrument and acknowledged to me that helshelthey executed the same. I i ,I d state. L x,’:,-$ (This area for official notanal seal) - LOCATION MAP EXFrI3IT A 12-24-85 0- - LAGUNA OR R-1 RP Lots 1 +hr&6 inclusive in Block 13 OF Sunny Slone Track accor?inl 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 @ PLANNING COMMISSION RESOLUTION NO. 2227 A RESOLUTION OF THE PLANNING COMMISSION OF THE CI CARLSBAD, CALIFORNIA, APPROVING, A TWENTY-TWO UNIT TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT ON PRO GENERALLY LOCATED AT 1014-1016 LAGUNA DRIVE. APPLICANT: OAKTREE CONCEPTS CASE NO.: CT 83-23/CP-246 WHEREAS, a verified application for certain prope: wit: Lots 1 to 6 inclusive in Block 13 of Sunny Slope ' according to Map No. 486 filed February 7, 1888 has been filed with the City of Carlsbad, and referred to Planning Commission; and WHEREAS, said verified application constitutes a - as provided by Title 21 of the Carlsbad Municipal Code; anc WHEREAS, the Planning Commission did, on the 14th December, 1983, hold a duly noticed public hearing as presc law to consider said request: and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all pel I desiring to be heard, said Commission considered all factor relating to the Tentative Tract Map and Condominium Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planr I 1 Commission as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hez the Commission hereby APPROVES CT 83-23/CP-246, based following findings and subject to the following condit Findings: 1) The project is consistent with the City's General Plan though the proposed density of 23.9 du's/acre exceeds density range of 10-20 du'slacre specified for the sit indicated on the Land Use Element of the General Plan, the applicant is proposing this project under Section the State Law which allows the City to grant a density for projects in which 25% of the units will be reserve persons of low or moderate income. I, 1 2 3 4 5 6 7 8 9 10 11 12 13 I.4 15 16 17 a a 2) The site is physically suitable for the type and dens: development. 3) The project is consistent with all City public facilil icies and ordinances since: a) The Planning Commission has, by inclusion of an ai condition to this project, insured that the final not be approved unless the City Council finds that service is available to serve the project. In adc the Planning Commission has added a condition that not be issued for the project unless the City Engi determines that sewer service is available, and bt cannot occur within the project unless sewer serv: remains available, and the Planning Commission is that the requirements of the public facilities elt the general plan have been met insofar as they apl sewer service for this project. shall be placed on the final map that building pel b) The Carlsbad School District has written a letter, May 11, 1983, stating that school facilities will available to this project. c) Park-in-lieu fees are required as a condition of 2 d) All necessary public improvements have been provid I will be required as conditions of approval. The applicant has agreed and is required by the ir of an appropriate condition to pay a public facili Performance of that contract and payment of the fe enable this body to find that public facilities wi available concurrent with need as required by the plan. e) 2o 21 22 23 24 25 26 27 28 This project has already been considered in conjunctio previously certified environmental document and a Noti Prior Environmental Compliance was issued October 4, 1 I 15) //// //// //// //// //// //// PC RES0 NO. 2227 -2- 1 2 3 4 5 6 7 8 9 10 11 l2 3.3 14 15 16 17 0 e 6) A condition of approval has been added requiring that 1 final map approval, the City and the applicant Richard Marcella D. Gilbert enter into an agreement imposing restrictions on the real property which is the subject tentative tract map and condominium permit. That agret constructed on this property will be available for per! families of low and moderate income at an affordable pi a period of twenty years. determination to approve this project above the densit1 by the General Plan is justified by the City's need to low and moderate income housing and would not have beer approved but for said agreement. shall provide in part that 25% of the dwelling units tc The Planning Commission's Zonditions: 1) Approval is granted for CT 83-23/CP-246, as shown on E, "A" - "G", dated August 29, 1983, incorporated by refei on file in the Land Use Planning Office. Development z occur substantially as shown unless otherwise noted in conditions. This project is approved upon the express condition tha final map shall not be approved unless the City Council as of the time of such approval that sewer service is a to serve the subdivision. 3) This project is approved upon the express condition tha building permits will not be issued for development of subject property unless the City Engineer determines th facilities are available at the time of application for sewer permits and will continue to be available until t occupancy. This note shall be placed on the final map. 2) I 20 21 22 23 24 25 26 27 28 Council Policy No. 17, dated April 2, 1982, on file wit' City Clerk and incorporated herein by reference, and ac to the agreement executed by the applicant for payment fee, a copy of that agreement, dated September 27, 1983 file with the City Clerk and incorporated herein by ref If said fee is not paid as promised, this application w be consistent with the General Plan and approval for th project shall be void. 1 5) The applicant shall pay park-in-lieu fees to the City, the approval of the final map as required by Chapter 20 the Carlsbad Municipal Code. ' 6) Approval of this request shall not excuse compliance wi. sections of the Zoning Ordinance and all other applicab ordinances in effect at time of building permit issuancc ///I PC RES0 NO. 2227 -3- I, I 1 2 3 4 5 6 7 8 9 lo 11 12 13 14 l5 16 17 l8 19 20 21 22 23 24 25 26 27 28 0 0 7) The applicant shall prepare a reproducible mylar of th site plan shall be submitted to and approved by the La Planning Manager prior to the issuance of building per 8) The applicant shall establish a homeowner's associatio corresponding covenants, conditions and restrictions. CC&R's shall be submitted to and approved by the Land ' Planning Manager prior to final map approval. site plan incorporating the conditions contained herei 9) The applicant shall prepare a detailed landscape and i plan which shall be submitted to and approved by the L Planning Manager prior to the issuance of building per 10) All landscaped areas shall be maintained in a healthy thriving condition, free from weeds, trash, and debris shall be clearly stated in the CC&R's. Any signs proposed for this development shall be desigi review and approval of the Land Use Planning Manager p installation of such signs. 12) Trash receptacle areas shall be enclosed by a six-foot masonry wall with gates pursuant to City standards. LC of said receptacles shall be approved by the Land Use 1 Manager. 11) conformance with the City's Sign ordinance and shall rl 13) All roof appurtenances, including air conditioners, shz architecturally integrated and shielded from view and I buffered from adjacent properties and streets, pursuanl Building Department Policy No. 80-6, to the satisfactic Land Use Planning Manager and Building and Planning Dii 14) At least three washers and three dryers shall be provic the laundry facility prior to final occupancy. j 15) Barbecue facilities along with benches and tables shal; provided adjacent to the horseshoe pits and the central located gazebo. 16) All visitor parking spaces shall be clearly marked to t satisfaction of the Land Use Planning Manager. 17) A detailed plan showing how the storage areas will be separated and assigned shall be approved by the Land Us Planning Manager prior to issuance of a building permit 18) Prior to occupancy of any units a card operated entry \ the garage shall be installed along with a call box for visitor parking. 19) A wood deck shall be installed around the spa area as d by the fence shown on Exhibit "B". PC RES0 NO. 2227 -4- 1 2 3 4 5 6 I 8 9 10 11 12 13 14 15 16 17 18 19 0 @ 20) Prior to approval of the final map for this project tk applicants/subdividers shall enter into an agreement F City establishing that four of the dwelling units cons pursuant to this approval shall be available at an aff cost only to persons or families of low or moderate ir defined in Section 50093 of the Health and Safety Code units shall remain available at an affordable cost to persons or families for a period of twenty years from of initial occupancy of project. The agreement shall implemented by appropriate restrictions or servitudes upon the land. The applicant and the homeowners assoc shall be responsible for enforcing the provisions of t agreement. The City shall also have the right but not obligation to enforce the provisions of the agreement. agreement and restrictions or servitudes shall be apg the City Council prior to approval of the final map. City Council adopts a city wide policy for implementat the provisions of Section 65915 et seq of the Governmc the provisions of this condition shall be deemed satis the applicant complies with that policy. Enqineerinq Conditions 21) The developer shall obtain a grading permit prior to t commencement of any clearing or grading of the site. 22) The grading for this project is defined as "regular gr Section 11.06.170(a) of the Carlsbad Municipal Code. developer shall submit a grading- plg for approval whi erosion control measures. The developer shall also su soils, geologic or compaction reports if required and comply with all provisions of Chapter 11.06 of the Car Municipal Code. include all required drainage structures and any requi 23) No grading shall occur outside the limits of the subdi unless a letter of permission is obtained from the own I 20 21 22 23 24 25 26 27 28 the affected properties. 24) Prior to the issuance of a grading permit, the haul ro be submitted for review and approved by the City Engin separate grading plan shall be submitted and approved separate grading permit issued for the borrow or dispo if located within the city limits. 25) Laguna Drive shall be dedicated by the developer along subdivision frontage based on a centerline to right-of width of 36 feet and in conformance with City of Carls' Standards prior to occupancy- of any buildings. subdivision frontage based on a centerline to curb fac of 20 feet and in conformance with City of Carlsbad St prior to occupancy of any buildings. 26) Laguna Drive shall be improved by the developer along PC RES0 NO. 2227 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 3.4 15 16 17 18 19 II a e 27) The developer shall install street lights along all PC private street frontages in conformance with City of c Standards. 28) The developer shall install street trees at the equiva 40-fOOt intervals along all public street frontages ir conformance with City of Carlsbad Standards. The tree be of a variety selected from the approved Street Tree 29) The developer shall install sidewalks along all public frontages in conformance with City of Carlsbad Standar to occupancy of any buildings. design requirements of the respective sewer and water regarding services to the project. 30) The developer shall comply with all the rules, regulat 31) All private driveways shall be kept clear of parked ve all times, and shall have posted "NO Parking/Fire Lane Zone" pursuant to Section 17.04.040, Carlsbad Municipa Fire Conditions 32) Prior to the issuance of building permits, complete bu plans shall be submitted to and approved by the Fire Department. 33) Proposed security gate systems shall be provided with key operated override switch, as specified by the Fire partment . 34) Fire retardant roofs shall be required on all structur 35) All fire alarm systems, fire hydrants, extinguishing s automatic sprinklers, and other systems pertinent to t: project shall be submitted to the Fire Department for I II prior to construction. 21 22 23 24 25 26 27 28 I automatic fire sprinkler system. A standpipe for firefighting purposes shall be provide( location approved by the Fire Chief. The standpipe sh interconnected to the garage sprinkler system. 37) //// /I// //// //// //// //// -6- PC RES0 NO. 2227 3 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 0 0 PASSED, APPROVED AND ADOPTED at a regular meeting Planning Commission of the City of Carlsbad, California, he the 14th day of December, 1983, by the following vote, to w AYES : Commissioners Rombotis, Xarcus, Lyttleton NOES : None. ABSENT: None. ABSTAIN: Chairman Schlehuber. and Rawlins. a.4 - fl!.JQ& CLARENCE SCHLEHUBER, Chai CARLSBAD PLANNING COMMISS ATTEST: c LAND USE PLANNING MANAGER I PC RES0 NO. 2227 -7- TON SUBMITFAL DATE: e ""Eo AUG -5, 1983 STAFF REPORT DATE : December 14, 1983 TO : Planning Commission FROM : Land Use Planning Office SUBJECT: CT 83-23/CP-246 OAKTREE CONCEPTS - A request for a twenty-two unit tentative tract map and condominium permit at 1014-1016 Laguna Drive in the R-3 zone. I. RECOMMENDATION It is recommended that the Planning Commission ADOPT Resolutioi No. 2227 APPROVING CT 83-23/CP-246 based on the findings and subject to the conditions contained therein. 11. PROJECT DESCRIPTION AND BACKGROUND The applicant is requesting approval of a 22 unit tentative tract map and condominium permit located as described above. The proposed project will be located on a .92 acre parcel and have a density of 23.9 dwelling units per acre. This density exceeds the general plan range of 10-20 dwelling units per acre designated on this site. The applicant is requesting the increased density under the provisions of Government Code Section 65915, This section stal development for persons of low or moderate income that the Cit: shall either: 1) grant a density bonus, or 2) provide other incentives of equivalent financial value. This particular project was discussed by the City Council at their meeting of November 15, 1983. The City Council indicated that they would prefer to grant a density bonus rather then offer financial incentives on this project. A copy of the agenda bill discuss: this matter has been attached. At the top end of the 10-20 du's/acre range, the applicant cou: achieve a total of 18 units. A twenty-five percent density bonus would be an additional 4 units which provides for a tota: of 22 units for the project. This calculates out to a density of 23.9 dwelling units per acre. The subject property is relatively level and presently occupiec by an older single family residence. The property to the east that when an applicant agrees to construct 25% of the units in vacant while the properties to the north, south and west are occupied by single family residences. The properties to the east, west and north have been designated for multiple family development at a density of 10-20 du/ac. The proposed project will consist of two story townhouse units located in five buildings. All of the resident and visitor parking will be located in underground parking garages. None t the proposed buildings will exceed 35 feet in height. e 0 111. ANALYS IS Planning Issues 1) Does the proposed project conform with the developme standards and the design criteria of the Planned Development Ordinance? 2) Can the increased density over that allowed by the General Plan be justified? Discussion As proposed, this project meets or exceeds all of the development standards of the Planned Development Ordinance. mentioned previously, all of the required resident and visitc parking will be provided in an underground parking garage. Access to this garage will be controlled by a card operated gate. A call box will be installed for visitors wishing to c the guest parking. Three common recreation areas are proposed. A spa surrounded a large sun deck will be located in the westerly portion of t project. Picnic and barbecue facilities will be located adjacent to the horseshoe pits in the rear of the project. adjacent to the gazebo in the center of the project. Each ur will have a small patio and fenced in private rear yard with minimum area of 255 square feet. Many units will have even larger rear yards. Storage closets will be located in the rear yards of each uni Additional storage will be provided in storage areas attached buildings 1, 2, 4 and 5. Each of these larger storage areas will be divided into separate, secured storage closets. All other development standards of the Planned Development Ordinance are met by this project. Design Criteria As proposed, this project also conforms with the design critc of the Planned Development Ordinance. The use of undergrounc parking has allowed the applicant to achieve a relatively hi: density without the use of large buildings, This has also allowed most of the site to be landscaped and each of the unj to have a relatively large backyard. The common recreation areas are centrally located and easily accessible to all of the units. Also, the applicant has jog! the buildings to provide architectural relief. Additional picnic and barbecue facilities will be located -2- e 0 Density Staff feels the increased density over that allowed by the General Plan can be justified in this instance. The project i well designed and in relatively close proximity to the downtow area. Staff believes the four extra units over the maximum of allowed by the General Plan should not adversely impact any of the surrounding properties. In addition, one of the conditions of approval requires that t applicant enter into an agreement with the City guaranteeing tl at least 25% of the units will be made available for sale at a price that is affordable to persons of low to moderate income q defined by Section 50093 of the State Health and Safety Code. In summary, staff feels the proposed project meets all of the development standards and design criteria of the Planned Development Ordinance and the requested density bonus can be justified. ATTACHMENTS 1) Planning Commission Resolution No. 2227 2) Location Map 3) Background Data Sheet 4) Disclosure Form 5) Agenda Bill, dated November 15, 1983 6) Environmental Documents 7) Reduced Exhibits 8) Exhibits "A" - "G", dated August 29, 1983 MH:bw 11/30/83 -3- 0 0 BACKGmJD DATA SHfET CASE No: CI' 83-23/8-246 APPLICANT: Oaktree Concepts FWUEST AND LCCATION: Wenty-tm unit tentative tract map and condominium permit at 1014-1016 Laguna Drive. LEGAL DESCRIPTION: Lots 1 to 6 inclusive in Block 13 of Sunny Slope Tract according to Map No. 486 filed February 7, 1888. APN: 155-272-13 & 1C Acres -92 Proposed No. of Lots/Units 22 GENERAL PLAN AND ZONING RMH Land Use Designation __ Density Allmed 10-20 du/ac Density Proposed 23.9 Proposed Zone I_ - - ___~. R-3 Existing Zone c_- Surrcunding Zoning and Land Use: Zoning Land Use Site R-3 SFD NorEh -- R-3 - SFD South R-1 SFD East R-3 Vacant West R-3 & R-1 SFD ____ PUBLIC FACILITIES School District Carlsbad Water Carlsbad Sewer Carlsbad EDU's - Public Facilities Fee Agreement, dated Septmiber 27, 1983 - - ENVIRONMENTFL IMPACT ASSESSMENT -- Negative Declaration, issued --- -----__ E.I.R. Certified, dated Other, Prior Ccknpliance, dated October 4, 1983 e- c . .. Rr,;hard T. Gilbert an individua1 - ' it"FLICAXT : .*. '\.* "..- --.a (individual, partnership, . joint ventme, coqmration, syn 2.:;; 0 E lmwood. Ave. Carlsbad. Ca1if.orni.a 92008 r?nsinf?ss Address 729-1 280 .. . ~elephone N-2r .. .. Harold W. Curry. - pres. Oaktree Corporation ' 255 6-9 So. Bent-Ave. . AGENT : .- fime San Marcos, La. '92069 -- _. . ._ . Busfasss A&ES '_ -. ... .. _. . . . . 744-3533 ._ ; .. - Telephonz Kuizber . . .. .. .. . .. none .-_ . t.E:zExS~ .. Pi-mp -(in?ividual, partncr, jokt - . . Ecxw Xdters . venture, coATuration, qmdication) S72siress ?4L- *-Ss n ~elqhonz ?.i?x!&r Tel.e?l?zne >:>LT&zr ;. " .. .. .. 1 Eon? %S&ess ~i~7v~ .. 32sinsss Ac%k=ss .. .. r? Aelep:?or?e >:u-*ez . T-.ie33az? -- xde~ .. .. .. .. _. (Attach more sheets if necPssaF2) .. . I/?/-? decIzn xzz?r Fe.zzlty Of perjury that thzP info,T.at-on contained in thi closure is t~i-3 2nd correct anti that it will remain true and correct al..d T;13 re1522 up03 2s hkq true and .correct until znended, .. .. Richard T. Gilbert Asent, ~x~~g~.~~ -. > (J ,t 4. L ,,- i/, W lf <> ,! ' 1 -- d- . -7 v-n r L & -- I : < \ x. 2%- \ - .. $ jZ 0 4 A 0 z a - Ou Cl- T CARLSSAD - AGEMD) ILL TITLE: DENSITY EONUS FOR Pw3POSED lIN/ DEPT CITY I CITY I L MODERATE INa%E HOUSING PRCXSECI' A!T 1014 - 1016 IAGUNADRNE. AB# MTG. 11/15/83 PLN DEPT. RECOMMENDED ACTION: It is recormrend4 that the City Council indicate the City's intent to grant 25% density bnus for a project at 1014 - 1016 laguna Drive in consideratic the applicant agreeing to construct 25% of the units in the project for per and families of low or derate income. ITEM MPLANATION State law (Government Code Section 65915) requires that when an applicant a to construct 25% of the units in a developnent for persons and families of or derate incorn that the City shall either 1) grant a density bonus or 2 provide other incentives of equivalent financial value. The law also requi that the City notify the applicant of the manner in which it intends to ax0 with the law. The applicant has submitted a condominium project for 22 units to be locate been scheduled for Planning Conmission consideration. consists of less than 50 units, the Planning Consnission's decision will be unless appealed to the City Council. %e applicant has offered to provide of the units, as lar/moderate income units under Section 65915 of the Govern Code. Since the Planning Commission's decision is final on this matter, it necessary for the City Council at this time &o indicate the mer in which City intends to comply with the state law. It is staff's recommendation th the City comply with the state provisions by granting a 25% density bonus. Staff does not feel that the alternative, which wuid involve providing equivalent financial incentives such as waiving fees or public improvements should be pursued. Conunission hen the applicant's project is considered by the Conmission and details of an agreement with the applicant will be handled in the condition approval for the project. It should be noted that this propsal is different from other "affordable - - property at 1014 - 1016 Laguna Drive (location rrap attached), me Project Since the project If the Council zgrees, staff Will inform the Planning housing" projects that have been reviewed by the City Council recently sinc applicant for this proposal is not requesting to change the existing zoning general plan designation for the property but is requesting a 25% density b over the otherwise mimum allowable residential density prmitted by the existing zoning and general plan. ENVIRONMENTAL REVIEM me Land Use Planning Manager has determined that this project Will not cau any significant environmental impacts andl therefore, has issued a Negative Declaration. FISCAI, IMPACTS The applicant will provide all required public hprovements to the project. Also, the applicant has reed to pay a pblic facilities fee to offset the EXHIBITS costs of providing ill ot aa er public services to the pro-~ect. . mcation Ma.p II